KARAMJIT SINGH
Jagroop Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Karamjit Singh, J. - The present petition has been filed by the petitioners seeking quashing of FIR No.157 dated 19.08.2008 registered under Sections 447, 511, 506, 148, 149 IPC at Police Station Samrala, Police District Khanna (Annexure P-1) and all the subsequent proceedings arising thereto.
2. The impugned FIR was registered on the basis of the statement of respondent No.2 Hari Singh wherein he alleged that about 4 months back his son Gurmeet Singh and daughter in law Ranjit Kaur, purchased one acre of land situated on the road in the revenue estate of village of Koaba Police Station Samrala, from Surinder Pal Singh and Inderjit Singh sons of Jai Pal Singh resident of village Lalkala for sum of Rs.26,00,000/- (Twenty Six Lakhs) vide sale deed dated 25.04.2008. The mutation was also sanctioned in favour of the vendees on the basis of aforementioned sale deed.
3. Thereafter, they raised small boundary wall around the purchased land. That earlier aforesaid Surinder Pal Singh was having some dispute with his cousin Manpreet Singh (petitioner No.12 herein) with regard to oral partition of joint land which was effected amongst all the co-sharers. The aforesaid land was purchased
The main legal point established in the judgment is that in cases of joint ownership, every co-owner has equal rights and coordinate interest in the property, and the possession of joint property by ....
The court established that an FIR cannot be sustained if it does not disclose a cognizable offence and is based on a civil dispute.
Co-sharers can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
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