Judgment :-

S.B. Sinha, J.

1.1. Leave granted.

2.2. The appellant herein is aggrieved by and dissatisfied with a judgment and order dated 27.05.2008 passed by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in Criminal Miscellaneous No.12308 of 2001 whereby and whereunder an application filed by them purported to be under Section 482 of the Code of Criminal Procedure for quashing a First Information Report lodged at the direction of Respondent No.4 by the respondent No.2 on 23.3.2001 for the alleged commission of offences punishable under Sections 420/465/467/468/471 and 120B of the Indian Penal Code has been dismissed.

.3. The basic fact of the matter is not in dispute. The appellants are members of the Managing Committee of Shastri Memorial School, Shivaji Nagar, Ludhiana. The said

.society is registered under the Societies Registration Act in the year 1982.

.4. Allegedly, the land in question was said to have been transferred to one Kahla Singh by the Tehsildar in the year 1977-78. He filed a suit being Civil suit No.309 against his daughter-in-law wherein a decree acknowledging a transfer in favour of the latter was passed. The appellants are said to have made a representation before the concerned authority in relation to the functioning of the school after passing of the aforementioned decree came to their knowledge. It is stated that a report dated 14.1.1983 was submitted by the then Tehsildar (Sales), Ludhiana showing the school to be an existing one whereafter the name of the appellants had been recorded in the record of rights.

.They filed a suit in the year 1990 praying for a decree for possession. By reason of a judgment dated 15.3.1990, the said suit was decreed. In the said suit, State of Punjab, Collector Ludhiana as well as the said Kahla Singh were arrayed as defendants.

3.5. An order of mutation was thereafter passed in their favour which, however, is said to have been cancelled. Indisputably, a proposal was moved for lodging of a First Information Report.

.6. Appellants sold a part of the land to M/s Everest Girls School. Allegedly sale proceeds therefrom had been spent on construction of sixteen rooms in the existing school. The vendees of the said premises, i.e., the M/s. Everest School were threatened with dispossession by the supporters of respondent Nos.3 and 5. A newspaper report to that effect also appeared in `Punjab Kesri. They filed a civil suit in the court of Civil Judge, Ludhiana wherein an order of status-quo was passed in the following terms :

."In the meantime defendants are restrained from interfering in possession of the plaintiffs in property comprised in Khasra No.12/9 khata No.23/1571 as per Jamabandi for the years 1992-93, situated at Village Saidan, Shivaji Nagar, Ludhiana and further restraining the defendants from interfering in the construction being raised by the plaintiffs except in due course of Law till 21.12.1999."

4.7. It appears that in a meeting held on 24.6.1999, the third respondent raised a question with regard to the purported illegal transfer by the appellants before the District

Grievance Committee. However, it was stated that he had obtained the legal opinion that no offence is made out. The resolution adopted in the said meeting dated 24.6.1999 reads as under:

"Item No.15 Sh. Sat Pal Gausain, M.L.A. submitted an application from the residents of Shivaji Nagar, Ludhiana regarding property No.918/4 which is alleged to be under unauthorized possession of some persons. S.S.P. informed that about a year prior to it Managing Committee of Shastri Memorial Model School sold the land for a sum of Rs.9.85 lacs to Everest School. The allegation in the application is that a property has two different members. As per the record, land purchased by the Managing Committee Shastri Memorial Model School, bears No.3849. After the investigation legal opinion has opined that no offence is made out. This matter is between the members of the Managing Committee of