The essential ingredients of the offence under section 420, Indian Penal Code, must be present for a criminal prosecution to be sustained.

A.P.Chowdhri, J.

1. Facts relevant for the disposal of this petition under section 482 of the Code of Criminal Procedure seeking quashing of a complaint, Annexure P-I under sections 420120 B Indian Penal Code and summoning order, Annexure P-5 dated May 25, 1990, passed by the Chief Judicial Magistrate, Kapurthala, may be briefly stated as under :

2. The petitioner and the respondent (hereinafter referred to as the complainant) are two branches of the family of one Sardar Gulab Singh. Shri Gulab Singh had five sons, of whom one was Shri Rajeshwar Singh. The complainant is grandson of Shri Rajeshwar Singh, being the son of Shri Segdev Singh. The petitioner is the adopted son of Sardarni Surjit Kaur, widow of Shri Prithvijit Singh son of Shri Gulab Singh. Shri Gulab Singh left considerable lands. The lands included khara Nos. 4531, 4532, 4533, 4534, 4535, 4546 and 4537 measuring 211 Kanals and I Marla, situate in the area of Kapurthala town. In 1967, the complainant claims to have obtained proprietary rights in respect of the aforesaid land. In 1978 the petitioner is stated to have dishonestly and fraudulently induced Shri Sehdev Singh. father of the complainant, and got attested mutations No. 6909 and 6910 dated August 9, 1978, as a result of which the petitioner got 3/4th share and Shri Sehdev Singh got 1/4th share in the lands covered by the two mutations, including the land in dispute. The complainant was aggrieved by the attestation of the two mutations. A compromise took place between the petitioner and the complainant on November 2, 1978. It was duly registered. It is Annexure P-2. Broadly speaking, it was agreed between the parties that the terms of the compromise would override the two mutations referred to above, and the complainant (Atamdev Singh) shall be the exclusive owner in possession of land described above situate at Kapurthala. With regard to the other parcels of land, certain shares inter se were specified and with regard to that land it was agreed that if any land was to be sold or leased out or alienated in any other manner, the same shall be done with prior consent in writing of the other party. The case of the complainant is that in contravention of the compromise Annexure P-2, the petitioner had created a lease of 99 Years for 4 petty fum of Rs. 50,000/- with regard to the 3/4th share of Khasra Nos. 4531 and 4532 measuring 115 Kanals 17 Marlas in favour of accused Nos. 2 and 3 on August 19, 1988, by a registered lease deed. The material averments in the complaint in para 12 are in these words :-

"That the lease deed in favour of accused Nos. 2 and 3 has come into existence to harm the interest of the complainant by accused Vishvajit Singh in connivance with accused Nos. 2 and 3. The said lease deed has also been created by Vishvajit Singh accused with misrepresentation of the facts and with dishonest intentions in order to cause wrongful harm and loss to the complainant and wrongful gain to himself. Both the other accused Nos. 2 and 3 knew it fully well that Vishvajit Singh was not the owner of the property and they have also conspired with Vishvajit Singh to create a lease in their favour for 99 years for petty sum of Rs. 50,000/- though the property is worth lakhs."

The complainant filed the complaint under sections 420/120-B, Indian Penal Code, against the petitioner and two others on or about April 4, 1989. After recording preliminary evidence, the Chief Judicial Magistrate summoned the petitioner under section 420, Indian Penal Code, by order Annexure P-5. The petitioner seeks quashing of the complaint and the summoning order under section 482, Code of Criminal Procedure.

3. The grounds on which quashing of the complaint is sought are :

(i) The facts alleged in the complaint do not constitute an offence under section 420, Indian Penal Code; and

(ii) If at all, the subject matter disclosed a civil dispute and in fact the respondent himself had started civil litigation which was pending in the