PUNJAB & HARYANA HIGH COURT
Nirmal Yadav, J.
Jasjit Singh Bhasin And Anr.
Versus
State Of Punjab
Criminal MISCELLANEOUS No. 36225-M of 2005,
Decided On : MARCH 17, 2006
ABUSE OF PROCESS OF LAW - CRIMINAL PROCEDURE - [Section 420, 467, 468, 471, 120-B, IPC] - The court quashed FIR No. 153 dated 10-6-2005, registered under Section 420, 467, 468, 471 and 120-B, IPC at Police Station Derabassi as it amounted to an abuse of the process of law by registering a second FIR for the same incident and making fresh investigation, which is not permissible under the scheme of the Code of Criminal Procedure.
Fact of the Case:
The petitioner seeks quashing of FIR No. 153 dated 10-6-2005, registered under Section 420, 467, 468, 471 and 120-B, IPC at Police Station Derabassi, as well as the subsequent proceedings arising therefrom. The petitioner is accused of forging documents related to property transactions.
Finding of the Court:
The court found that the registration of a second FIR for the same incident and making fresh investigation was an abuse of the process of law, and therefore quashed the FIR.
Issues: The main issue was whether a second FIR can be registered for the same incident and whether it amounts to an abuse of the process of law.
Ratio Decidendi: The court held that the registration of a second FIR and making fresh investigation for the same incident is not permissible under the scheme of the Code of Criminal Procedure and amounts to an abuse of the process of law.
Final Decision: The court quashed the FIR No. 153 dated 10-6-2005, registered under Section 420, 467, 468, 471 and 120-B, IPC at Police Station Dera Bassi, as it amounted to an abuse of the process of law.
Nirmal Yadav, J.
1. The petitioners vide this petition filed under Section 482 of the Code of Criminal Procedure seek quashing of FIR No. 153 dated 10-6-2005, registered under Section 420, 467, 468, 471 and 120-B, IPC at Police Station Derabassi (Annexure P-6) as well as the subsequent proceedings arising therefrom.
2. The facts as culled out from the petition are that petitioner No. 1 is step son of respondent No. 2. Respondent No. 2 is legally wedded wife of late Hardit Singh. From the wedlock of Hardit Singh and respondent No. 2 a daughter namely, Kanwarjit Kaur was born in the year 1943, who is married to Dr. G. S. Kochhar and the couple has a son named Sandeep. Hardit Singh married another lady with the consent of respondent No. 2 and petitioner No. 1 was born out of the second wedlock in the year 1968. Later on, biological mother of petitioner No. 1 died. The petitioner was being brought up and looked after by Hardit Singh and respondent No. 2 as his parents. The life was going smoothly and petitioner No. 1 never had any feeling that he was not the son of respon-dent No. 2. Petitioner No. 1 was married to petitioner No. 2 on 11-10-1992.
3. Petitioner No. 1 purchased house No. 1346, Sector 34-C, Chandigarh through general Power of Attorney dated 2-8-1993 duly registered with the Sub-Registrar, Chandigarh. The property was transferred in the name of his father Hardit Singh, though the house was constructed on the plot by the petitioner out of the income of the joint Hindu family property. Petitioner No. 1 along with his sisters son Sandeep purchased land measuring 12 biswas in Sanwara Pargana Basal, Tehsil Kasauli, District Solan from one Yasghodha Nand on the basis of a General Power of Attorney and agreement to sell (Annexure P-1) was duly executed between Yashodha Nand on one hand and Jasjit Singh (petitioner No. 1) and Sandeep jointly on the other hand. Since the agricultural land was in Himachal Pradesh and petitioner No. 1 and Sandeep being non-agriculturists, the same could not be transferred without prior permission of the authorities. It was mentioned in the agreement that after permission was granted, the sale deed would be executed in favour of petitioner. No. 1 and Sandeep, though possession of the said property was handed over to petitioner No. 1 and Sandeep by the vendor.
4. Hardit Singh died on 22-2-2000. Petitioner No. 1 along with his wife continued living with respondent No. 2 in a very cordial atmosphere. Respondent No. 2 executed a General Power of Attorney in favour of petitioner No. 2 Hargeet Kaur, wife of petitioner No. 1, on 4-8-2000 and got the same registered in the office of Sub Registrar Dera Bassi. By virtue of said General Power of Attorney, respondent No. 2 authorised petitioner No. 2 to deal with all her immovable properties in any manner she liked including the authority to sell off or transfer the said properties. Respondent No. 2 asked petitioner No. 2 to execute a gift deed in favour of petitioner No. 1 in respect of house No. 1346. Sector 34, Chandigarh, accordingly, petitioner No. 2 executed a gift deed dated 5-11 -2004 in favour of petitioner No. 1. Respondent No. 2 had also applied for No Objection Certificate to the Chandigarh Administration for transfer of house in favour of petitioner No. 1 and executed the relevant documents on 18-3-2005. Besides the above house, petitioner No. 2 also transferred the land measuring 19 marlas in village Lohgarh in favour of petitioner No. 1 vide two separate sale deeds.
5. Since Sandeep, who had jointly purchased the property in Himachal Pradesh with petitioner No. 1, got greedy, he sold the said property in connivance with the vendor Yashodha Nand to one Rajinder vide sale deed dated 11-8-2004 and pocketed the entire sale proceeds without the knowledge and consent of petitioner No. 1. As soon as petitioner No. 1 came to know about the said sale, he approached Sandeep and asked him to hand him over his share of the sale proceeds. But inste
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