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2023 Supreme(P&H) 788

DEEPAK GUPTA
Krishan Chander Singh – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. A.P.S. Deol, Sr. Advocate, with Mr. Vishal Lamba, Advocate, for the petitioner.
Mr. Vipul Sherwal, AAG, Haryana.
None for the applicant - complainant.

DEEPAK GUPTA, J.

By way of this petition filed under Section 482 Cr.PC, prayer is made by the petitioner to quash Kalendra under Section 182 of the IPC dated 05.09.2010 (Annexure P1) and summoning order dated 24.02.2011 (Annexure P2) passed by ld. Judicial Magistrate, 1st Class, Ambala along with all subsequent proceedings.

2. (i) It is contended by ld. counsel that petitioner had purchased 11 acres 15 marlas of land situated in Village Kambas from his father-in-law Kanwar Raja Ram Singh in the year 1970, though the sale deed was got registered in the name of his wife Pratha Devi. Mutation was duly sanctioned in this regard and ever-since then, the Girdawari entries are in the name of Pratha Devi. Petitioner and his wife Pratha Devi got a Will registered on 04.04.1987 regarding their immovable properties to be inherited by the either or survivor. On the death of Pratha Devi in 2001, the land in question was mutated in favour of the petitioner vide mutation Annexure P3. After the death of Kanwar Raja Ram Singh, the father-in-law of the petitioner, in December 2004, Prithvi Singh Chauhan, his brother-in-law, started interfering in his possession.

(ii) As per ld. counsel, petitioner had

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