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2019 Supreme(P&H) 2970
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Harjit Singh Chima & Anr. - Appellants
Versus
State Of Punjab & Anr. - Respondents
CRM-M-4697-2019 (O&M)
Decided On : 04-12-2019
Mr. Sangram Singh Saron, Advocate, and Ms. Amisha Batra, Advocate, for the Appellants; Mr. Hittan Nehra, Addl. A.G., Punjab Mr. Rajesh Garg, Sr. Advocate, with Mr. Sundeep Kumar, Advocate, for respondent no.2
The main legal point established in the judgment is that the allegations made did not constitute the necessary ingredients for the alleged offences, and violation of a statutory provision does not necessarily give rise to a criminal offence.
Headnote:
Jurisdiction - Criminal Prosecution - Section 482 Cr.P.C - [Jurisdiction] - [Criminal Prosecution] - [Section 420, 465, 467, 468, 471, 120-B IPC] - The court discussed the inter-se relationship between the parties and the alleged execution of Wills and property transactions. The court analyzed the allegations of cheating, forgery, and violation of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. The court found that no criminal offence was made out against the petitioners and quashed the FIR and all consequential proceedings.
Fact of the Case:
The case involved a dispute over the execution of Wills and property transactions. Allegations of cheating, forgery, and violation of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 were made.
Finding of the Court:
The court found that no criminal offence was made out against the petitioners. The court also noted 'forum shopping' by the respondent and deprecated the simultaneous invocation of various courts/forums to involve the petitioners in litigation.
Issues: The issues involved allegations of cheating, forgery, violation of the National Trust Act, and 'forum shopping'.
Ratio Decidendi: The court applied the guidelines laid down by the Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others and examined whether the averments in the complaint constituted the necessary ingredients for the alleged offences. The court also emphasized that violation of a statutory provision does not necessarily give rise to a criminal offence.
Final Decision: The petition was allowed, and FIR No. 148 dated 03.05.2018, registered under Sections 420/465/467/468/471/120-B IPC, at Police Station Zirakpur, District SAS Nagar, Mohali and all consequential proceedings were quashed.
JUDGMENT
Anil Kshetarpal, J. - Jurisdiction of the High Court has been invoked under Section 482 Cr.P.C, seeking quashing of criminal prosecution initiated on registration of FIR No. 148 dated 03.05.2018 registered at Police Station Zirakpur, District SAS Nagar, Mohali, for the offences punishable under Section 420/465/467/468 /471/120-B IPC.
2. Before this court proceeds to consider the arguments of learned counsels for the parties, it would be appropriate to draw a pedigree table (a family tree) so as to understand inter-se relationship between the parties.
3. Gurdeep Singh Dhillon Harbhajan Singh Mohinder Singh Mahinder Kaur Inderjit Kaur Maninder Kaur, married (Petitioner No.2) married to R.S.Grewal to Harjit Singh Chima Husband Husband, Petitioner No.l Respondent no.2 Amaninderjeet Priya Rajbir Grewal Ravneet Kaur Singh Fact, whether Smt. Mohinder Kaur was married or spinster is not clear, however, would have no bearing on the fate of the present case. Smt. Mohinder Kaur is alleged to have executed a Will dated 26.11.2001 bequeathing her moveable and immovable assets in favour of Rajbir Grewal, son of respondent no.2. Smt. Mohinder Kaur is alleged to have sold property No. 156, Officer Colony, Rajpur Road, Dehradun, for a sum of Rs.6 Crores. Out of the proceeds, some amount was invested in purchasing house at village Bishanpur, Tehsil Dera Bassi, District Patiala whereas Rs.4 Crores 75 Lacs was invested in purchasing House no.158/26 Officer Colony Rajpur Road, Dehradun. Remaining amount was invested by way of capital gains and spent in the purchase of two cars. On 14.06.2005, the 1st Will was altered/modified and Smt. Mohinder Kaur decided to bequeath property No. 158/26, Officer Colony Rajpur Road, Dehradun in favour of Ravneet Kaur and property at Deep Niwas , Zirakpur Road, SAS Nagar to Rajbir Grewal.
4. Smt. Mohinder Kaur was a well educated lady and had taught in a school at Dehradun. She also started her own school in the city of Dehradun after her retirement from the school job. However, in 2008, she shifted her base from Dehradun to Zirakpur. It is alleged that Smt. Mohinder Kaur got annoyed with Grewal's family. She got issued a notice to Raghbir Singh Grewal, respondent no.2, wherein she had alleged that respondent no.2 has siphoned off amount from the joint account and even some amount belonging to her (Smt. Mohinder Kaur) has been transferred into the account of Maninder Kaur and Ravneet Kaur. It is also alleged in the aforesaid notice that respondent no.2-R.S.Grewal is not handing over the original title deeds and when she obtained copies, she was shocked to find that respondent no.2 had got inserted/added name of Maninder Kaur as a co-purchaser in respect of property no. 158/26, Rajpur Road, Dehradun. The notice is dated 14.07.2018. She, thereafter, alleged to have filed a complaint addressed to the Senior Superintendent of Police, SAS Nagar, Mohali for taking action against respondent no.2, his wife, son and daughter. In this complaint also, it was alleged by Smt. Mohinder Kaur that apart from cheating and usurping her property, she is entitled to get back Rs.l Crore 30 Lacs which according to her has allegedly been siphoned off by respondent no.2 and his family members.
5. On 15.01.2009, Mohinder Kaur executed another registered Will in favour of the petitioners, namely Inderjit Kaur (Petitioner No.2) and Harjit Singh Chima (Petitioner No.l) (daughter and son-in-law of her brother Harbhajan Singh). Mohinder Kaur, thus, revoked her earlier testamentary dispositions. In the registered Will, it has been written that respondent no.2 and his family had breached her trust and faith and siphoned her life savings. Police also recorded her statement in the enquiry.
6. On 25.02.2009, Mohinder Kaur suffered a stroke and was admitted in the Fortis Hospital, Mohali. She was discharged on 17.03.2009. In the discharge summary, it is mentioned that she is conscious, cooperative and mentally alert. She was, thereafter, admitted
