Judgment

Mr. Karamjit Singh, J.

The present petition has been filed by petitioner-Subhash Chand seeking quashing of FIR No.159 dated 29.5.2013 under Section 420 IPC Police Station Uchana District Jind (Annexure P-12) and final report (Annexure P-13), submitted by the police under Section 173 Cr.P.C. and subsequent proceedings arising thereof.

2. FIR (Annexure P-12) was registered against the petitioner on the basis of written complaint lodged by respondent No.2-Kashmir Singh wherein it was alleged that the petitioner sold his land measuring 38 kanals 7 marlas situated in village Kalta Tehsil Narwana District Jind to complainant/respondent No.2 vide agreement to sell dated 20.12.1985 (Annexure P-3) and even the possession of the land so sold was also handed over to respondent No.2 and since then respondent No.2 is in cultivating possession of the same and at the time of execution of said agreement to sell the entire sale consideration was also paid to the petitioner. However in the revenue record ownership of the land in question was not changed from the name of the petitioner to that of respondent No.2 and taking advantage of the same, petitioner sold 23 kanals out of the aforesaid land to Kuldeep and Rishi Pal sons of Subhash vide registered sale deed dated 21.5.2013 and in this manner petitioner cheated respondent No.2, who is the owner-in-possession of the land in question since the date of execution of aforesaid agreement to sell dated 20.12.1985.

3. The counsel for the petitioner has contended that respondent No.2 has propounded an agreement to sell (Annexure P-3), in order to establish that he is the owner and in possession of the land measuring 38 kanals 7 marlas. The counsel for the petitioner further submitted that actually no such agreement to sell was ever executed by the petitioner regarding his land with respondent No.2 and respondent No.2 had not paid any amount to the petitioner by way of sale consideration. The counsel for the petitioner further submitted that Annexure P-3 even if taken to be true on its face value, is a mere agreement to sell and does not confer any title. The counsel for the petitioner further submitted that the petitioner was working in the Indian Railway and he gave his land on ‘Batai’ to respondent No.2 and his brothers Kuldeep Singh and Joga Singh in 1987 and since then respondent No.2 and his brothers are occupying the said land in the same capacity. The counsel for the petitioner has further submitted that the petitioner requested respondent No.2 to vacate the land on number of occasions. But instead of handing over the possession of land, respondent No2 and his brother filed civil suit No.2178 of 2011 (Annexure P-1) seeking grant of decree for permanent injunction restraining the petitioner from interfering into their possession in the land in question and further restraining the petitioner from alienating the said land. The counsel for the petitioner has further contended that said suit was dismissed as being withdrawn by the plaintiffs therein on 23.01.2012 vide order Annexure P-2. The counsel for the petitioner has further submitted that in order to retain his possession over the land in question, respondent No.2 forged an agreement to sell dated 20.12.1985 (Annexure P-3). That on the basis of the said forged document, the respondent No.2 and his brother fi