Mehinder Singh Sullar, J. - (1.) THE epitome of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for anticipatory bail filed by petitioners -Gagan Kamboj alias Lavanya Kamboj and his father Om Parkash Kamboj (since deceased) is that, Ved Parkash Kamboj, Om Parkash Kamboj and Kartar Chand, sons of Karam Chand Kamboj etc., were stated to be the joint owners of the house, bearing No. 675 -L, situated in Model Town, Jalandhar. Om Parkash son of Karam Chand Kamboj, petitioner No. 2 (since deceased) had two sons, namely, Gagan Kamboj alias Lavanya Kamboj (petitioner No. 1) and Girish Kamboj (complainant). The multiple litigations between the parties with regard to the ownership of the house, in dispute, was pending in different courts. All the files of litigation were taken up for consideration before a panel of Mega Lok Adalat, in the presence of Hon'ble Mr. Justice M.M. Kumar, the then Administrate Judge of Sessions Division, Jalandhar. The parties have amicably settled their disputes and ultimately, it was decided that Gagan Kamboj alias Lavanya Kamboj (petitioner No. 1) and Girish Kamboj (complainant) will be entitled to the share of 40% each of the sale proceeds of the disputed house, after deducting State and Central Government liabilities, whereas their father Om Parkash Kamboj was also held entitled to the extent of 20% share. Keeping in view the settlement between the parties, an award dated 21.12.2008 (Annexure P -2) was passed by the Presiding Officer, Lok Adalat, which in substance is as under: - On the other hand, statement of plaintiff -Girish Kamboj along with counsel Sh. Anup Gautam, Advocate recorded to the effect that he has entered into compromise with the defendant -Om Parkash Kamboj and his brother Sh. Lavanya Kamboj alias Gagan Kamboj to the effect that his father would effect the sale of house No. 675L, Model Town, Jalandhar. They have agreed to the share of the sale proceed to the extent of 40% for his brother Gagan Kamboj and 20% for his father Sh. Om Parkash Kamboj. However, his father would be free to execute the sale deed as owner as per compromise. He will withdraw all the civil and criminal litigation from the courts at Jalandhar and he would also withdraw the revision and complaints and applications before the police and civil authorities. He will also appear as witness to the sale deed/agreement to sell to be effected by his father. Neither he nor his wife nor his children will raise any question regarding the transaction effected by his father Sh. Om Parkash Kamboj regarding house No. 675L, Model Town, Jalandhar. On receiving 40% of the sale consideration regarding which they have mutually agreed, he will not be entitled to claim any right or interest in the property No. 675L, Model Town, Jalandhar and he will not claim any right, title or interest on the basis of will executed by Sh. Ved Parkash Kamboj regarding said house. In case, he fails to affix his signature on the sale deed/agreement to sell to be executed by his father after receiving of 40% of sale consideration he will be left with no interest. His share to the extent of 40% will be calculated after deduction to be paid to the State and Central Government. From today, he will not enter into house No. 675L, Model Town, Jalandhar for the next three months. The award may kindly be passed. In view of the statement of Girish Kamboj legal heir of plaintiff -Ved Parkash, defendant No. 1 -Om Parkash Kamboj and Sh. Lavanya Kamboj alias Gagan Kamboj in presence of S/Sh. Sanjeev Bansal and Anup Gautam, Advocates, the award is passed to the effect that defendant No. 1 Om Parkash would execute the sale deed as owner in which both Girish Kamboj and Lavanya Kamboj alias Gagan Kamboj would stand as attesting witnesses. Girish Kamboj and Lavanya Kamboj alias Gagan Kamboj would be entitled to 40% share each and Om Parkash to the extent of 20% share out of the sale proceed after deduction of State and Central Government dues. Plaintiff -Girish Kamboj would not be entitled to claim any right, titled or interest on the basis of will executed by Sh. Ved Parkash Kamboj regarding said house as per his undertaking after receipt of 40% share of his sale proceed. Girish Kamboj -plaintiff is made bound not to enter into house No. 675L, Model Town, Jalandhar for the next three months from today and defendants -Om Parkash and Sh. Lavanya Kamboj alias Gagan Kamboj are directed to execute the sale deed through Om Parkash Kamboj as owner within the period of three months from the date of passing the award. The parties are also made bound with the terms and conditions fully detailed in their respective statements. The parties are directed to withdraw all the civil and criminal cases along with any complaint and application. This award is binding on the parties to the compromise. Award is passed accordingly and file be consigned to the record room. In pursuance thereof, Om Parkash agreed to sell the house, in question, for a total sum of Rs. 7,34,40,000/ - and executed an agreement to sell dated 03.01.2011 (Annexure P -3) in favour of Jinder Singh Aujla and his wife Kashmir Kaur, proposed vendees/co -accused of the petitioners.
(2.) STRANGE enough that, instead of receiving the amount of his share, complainant -Girish Kamboj filed two COCP (contempt of court proceedings) bearing Nos. 475 of 2010 and 2185 of 2011 against the petitioners, which were dismissed by this Court, by means of order dated October 05, 2012 (Annexure P -4). At the same time, the complainant has also moved a complaint dated 29.09.2011 to the Commissioner of Police, Jalandhar, for registration of case against his brother Gagan Kamboj alias Lavanya Kamboj (petitioner No. 1), father Om Parkash (petitioner No. 2), Jinder Singh Aujla, his wife Kashmir Kaur and others, co -accused, inter alia, on the allegations that the tentative price of the disputed house was fixed by the parties at Rs. 9 crore before the Lok Adalat and since his father -Om Parkash Kamboj had executed the agreement to sell of the said house for a sum of Rs. 7,34,40,000/ -, without taking the complainant into confidence, so, they have cheated him, forged and manipulated the agreement to sell, in order to put him (complainant) at loss. In the background of these allegations and in the wake of complaint of the complainant -Girish Kamboj, a criminal case was registered against the petitioners -accused and their other co -accused, vide FIR No. 188 dated 18.12.2012, on accusation of having committed the offences punishable under Sections 406, 420 and 120 -B IPC, by the police of Police Station Navi Bara Dari, District Jalandhar, in the manner depicted here -in -above.
(3.) HAVING exercised and remained unsuccessful before the Additional Sessions Judge, now the petitioners -accused Gagan Kamboj alias Lavanya Kamboj and his father -Om Parkash Kamboj, have preferred the present petition for the grant of anticipatory bail, in the indicated criminal case registered against them, invoking the provisions of Section 438 Cr.P.C.;