JUDGMENT

Arvind Singh Sangwan, J. - Prayer made in this petition filed under Section 482 Cr.P.C., 1973 is for quashing of FIR No. 106 dated 5.12.2012 registered under Sections 379/447 IPC at Police Station Bholath, District Kapurthala and all other subsequent proceedings arising therefrom

2. Brief facts of the case are that Harbans Singh and Baldev Singh are the real brothers and they were holding 86 Kanals 18 Marias of land situated in village Akala, Police Station Bholath, District Kapurthala. Harbans Singh had sold 12 Kanals of land out of his share to Harjinder Singh vide sale deed dated 29.12.1999 and also handed over the possession of the sold portion to him. After the death of the other brother Baldev Singh, his wife Surjit Kaur also sold some land vide two sale deeds, i.e. the first sale deed dated 5.9.2005 for 9 Kanals 6 Marias of land to one Amarjit Kaur and another sale deed dated 11.4.2011 vide which 03 Kanals 12 Marias of land was sold to Amarjit Kaur.

3. It is admitted case of the parties that the partition proceedings regarding the partition of the land was pending between the parties and one more person, namely, Sukhjinder Singh had set up a claim of 17 Kanals 13 Mar