Rajesh Bindal, J. - (1.) PRAYER in the present petition is for quashing of FIR No.68 dated 12.04.2000 registered under Sections 406/420/467/468/471/120B/148/149 IPC at Police Station Banur, Tehsil Rajpura, District Patiala and all subsequent proceedings thereto.
(2.) THE FIR in question was got recorded by Kulwant Singh son of Kaka Ram, since deceased, on 12.04.2000 with the allegation that the petitioner along with respondent Nos.2 to 4 had prepared forged documents and misled the Punjab Wakf Board. It was mentioned in the complaint made to the police that a civil suit regarding the same was already pending where opinion of the expert had come opining the documents to be false. Learned counsel for the petitioner submits that the registration of the FIR against the petitioner in the present case is nothing else but abuse of process of law. In fact the complainant in the FIR had filed a civil suit against the petitioner impleading. Punjab Wakf Board also as a party on 09.12.1996. The prayer in the suit was for issuance of permanent injunction restraining the defendants therein from dispossessing the complainant/plaintiff in the suit from the agricultural land as mentioned in the suit. After respective written statements were filed by the defendants in the suit, the suit was dismissed as withdrawn by the complainant/plaintiff in the suit, namely, Kulwant singh, deceased, on 02.08.2000. The allegations in the suit and the complaint are similar and the dispute was with regard to the same land. The submission is that once the civil litigation was already pending between the parties, the FIR could not be registered against the petitioner as the same would amount to abuse of process, of law. Further once with the same allegation, the suit filed by the complainant had already been withdrawn finding the same to be merit less after the replies had been filed by the defendants in the suit including the present petitioner, even on merits, there is no substance. Still further the submission is that in fact the dispute between the parties was compromised, copy whereof has been placed on record as Annexure P8. The prayer is for quashing of the FIR and all proceedings subsequent thereto.
(3.) ON the other hand, learned counsel for the State submitted that & prima facie case has been made out against the petitioner as after registration of the FIR, challan was presented and even charge has also been framed against the petitioner and other accused under Sections 468/471 IPC. However, he could not dispute the factual position that the civil litigation regarding the same property and with similar allegations was already pending when the FIR in question was registered.;