- (1.) Gurbachan Singh, Ranjit Singh, Hari Singh, Lambardar and Sukhmander Singh, the petitioners, have brought this petition under the provisions of section 482 Cr.P.C. for quashing of FIR No. 19 dated 1.3.2010, registered at Police Station Sadar Kotkapura, District Faridkot (Annexure P6) for an offence punishable under sections 420, 465, 467, 468, 471 read with section 120-B of Indian Penal Code along with all the subsequent proceedings arising out of the same, as the FIR is an abuse of the process of law.
(2.) Learned counsel for the petitioners has contended that Gurbachan Singh, petitioner No.1 had been owner of some land. According to him, he had two sons, namely, Ranjit Singh, petitioner No.2 and Manjit Singh, respondent No.2. He has further submitted that he, however, transferred his land in favour of his son, Ranjit Singh, petitioner No. 2 alone vide transfer deed dated 6.3.2009 (Annexure P4). According to him, there is no forgery involved in this case because the transfer deed (Annexure P4) has been executed by Gurbachan Singh in his own name as father of Ranjit Singh, petitioner No. 2 and it is attested by Hari Singh, Lambardar, petitioner No. 3 and Sukhmandar Singh, petitioner No. 4. He has submitted that this is not a case of impersonation also. According to him, at the worst, it can be said that the property in the hands of Gurbachan Singh was ancestral and he could not transfer the entire land in favour of one of his sons. He has submitted that even then the dispute that would arise would be of civil nature and no criminal case could be got registered in this regard.
(3.) Learned counsel for the petitioners has further submitted that in the civil suit brought by Ranjit Singh against respondent No.2, Manjit Singh, the latter filed written statement on 4.11.2009 and has got registered this FIR as late as on 1.3.2010. According to him, the FIR is, therefore, an after thought.;