- (1.) Prayer in this petition is for quashing of Complaint No. 351 (Annexure P-1), and the summoning order, dated 21.1.2011 (Annexure P-2), whereby the petitioner and his co-accused were summoned to face trial for commission of the offences punishable under Sections 463, 464, 465, 467, 471 and 120-B, IPC.
(2.) The brief facts as culled out from the material available on record are that Swaran Singh and Sohan Singh (respondent Nos. 1 and 2 in the complaint) were brothers. They sold their land measuring 3 Bighas, 8 Biswas and 15 Biswansis, situated at Village Fatehgarh Niwan, Tehsil Amloh, in favour of the complainant, Minder Singh, for a consideration of Rs. 13,00,000/-, vide registered sale deed, dated 19.1.2007, which was witnessed by Dyal Singh, Lambardar, and Amrik Singh (petitioner). Swaran Singh, Sohan Singh, along with Jatinder Singh and Ravinder Singh, sons of Jaspal Singh, also executed a Special-Power-of-Attorney in favour of the petitioner, Amrik Singh, who was the real cousin of Mandeep Singh (respondentaccused No. 3 in the complaint) for the purpose of sanction of mutation regarding the above sale deed. On 24.1.2008, the mutation was sanctioned by the Assistant Collector Ist Grade, Amloh, in favour of the complainant, Minder Singh. The possession of the land along with wheat crop was delivered to the complainant, Minder Singh. The petitioner, Amrik Singh, had knowledge that the land in question had already been sold and he got executed ante-dated agreement to sell from Swaran Singh and Sohan Singh. The documents for preparing the ante-dated agreement to sell, dated 22.12.2006, were procured from Parminder Singh, Stamp Vendor. The petitioner, Amrik Singh, in collusion with Mandeep Singh, got typed the agreement to sell, dated 22.12.2006, from Fatehgarh Sahib and got it stamped from Harpreet Singh Cheema, Advocate, Fatehgarh Sahib, to give it a genuine shape. The alleged agreement to sell, dated 22.12.2006, was witnessed by Gurcharan Singh, Lambardar, and Hamir Singh (respondent-accused Nos. 5 and 6 respectively in the complaint).
(3.) On the basis of the alleged agreement to sell, dated 22.12.2006, Mandeep Singh (respondent-accused No. 3 in the complaint), filed objections before the Assistant Collector Ist Grade, Mandi Gobindgarh, not to sanction the mutation on the basis of the registered sale deed, dated 19.1.2007, in favour of the complainant, Minder Singh.;