Dismissed

Kulwant Kaur and Anothers v. State of Punjab and Others

Punjab & Haryana HC17 Jul 2017CRM-M/20396/2017

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C. seeking quashing of an FIR and charge-sheet involving allegations of forgery and cheating in property transactions, Justice Ramendra Jain distinguished the instant case from a cited precedent. The Court held that since the trial was already in progress and the charges involved criminal acts of forgery not merely civil disputes colouring as criminal, quashing

What did the court decide?

The petition for quashing the FIR, final report, and charge-sheet was dismissed. No ground for quashing is made out.

Kulwant Kaur and Anothers Vs State… — Civil Procedure and Limitation | Punjab & Haryana HC (2017)

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CRM-M-20396 of 2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-20396 of 2017 Date of Decision: 17.07.2017

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Kulwant Kaur and another

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....Petitioners

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Versus

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State of Punjab and others

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....Respondents

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CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

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Present: - Mr. Ravi Chadda, Advocate, for the petitioners.

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RAMENDRA JAIN, J. (ORAL)

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In the instant petition under Section 482 Cr.P.C., quashing of FIR No.306 dated 21.12.2015 (Annexure P-1) under Sections 420, 465, 467, 471, 120-B IPC registered at Police Station Dasuya, District Hoshiarpur; final report under Section 173 Cr.P.C. (Annexure P-2) and charge-sheet dated 04.05.2017 (Annexure P-5) is sought.

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As per the allegations in the aforesaid FIR, father of complainant Parvinder Kaur, namely, Mahinder Singh died on 23.09.2006. Thereafter, mother of the complainant, namely, Manjit Kaur developed illicit relations with one Joginder Singh resident of Gorshian, Tehsil Dasuya, District Hoshiarpur, and finally started living with him by severing all the relations with her children (complainant and respondents No.2 and 3 herein). Mother

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of the complainant also sold the entire property left by her husband Ravinder Singh 2017.07.18 18:22 I attest to the accuracy and authenticity of this documentMahinder Singh illegally and fraudulently by preparing fake certificates and

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CRM-M-20396 of 2017

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forging the signatures of her children. Petitioners have also fraudulently purchased the property from their mother Manjit Kaur. Complainant and her brothers, being legal heirs of Mahinder Singh, are facing great hardships in their day-to-day life on account of non-fulfilment of her obligations towards them by their mother.

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Learned counsel for the petitioners contends that the petitioners are bona fide purchasers of the property in question after payment of valuable consideration. They have been falsely implicated in the present case. No case against the petitioners under Sections 420, 465, 467, 471, 120-B IPC is made out. Though admittedly charge has been framed, but still the impugned FIR can be quashed. In support of his submissions, learned counsel for the petitioners relies upon the judgment of this Court in G.V. Bhaskar Rao and others v. State of Punjab and another , 2013(1) R.C.R.(Criminal) 841 .

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Heard.

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Petitioners have been charge-sheeted vide order dated 04.05.2017 (Annexure P-5) under Sections 420, 465, 467, 471, 120-B IPC with the charges that they in connivance with Manjit Kaur forged the birth certificate of Gurwinder Singh showing him as major and got executed sale deed dated 28.10.2014. The trial is going on against them. In such circumstances, FIR, final report and charge-sheet cannot be quashed.

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The facts and circumstances of the instant case are distinguishable from the facts and circumstances of G.V. Bhaskar Rao's case (supra) because in that case civil dispute was given colour of criminal dispute by registering FIR. Simultaneously, civil Court was also approached for Ravinder Singh 2017.07.18 18:22 I attest to the accuracy and authenticity of this documentrendition of accounts. In such circumstances, FIR was quashed. Whereas

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CRM-M-20396 of 2017

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there are no such circumstances in the present case.

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In view of above, no ground for quashing the aforesaid FIR, final

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report and charge-sheet, is made out.

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Dismissed.

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Copy of this order be sent to the trial Court.

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July 17, 2017 R.S.

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(RAMENDRA JAIN) JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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Ravinder Singh 2017.07.18 18:22 I attest to the accuracy and authenticity of this document

Kulwant Kaur and Anothers v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Kulwant Kaur and Anothers v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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