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2023 Supreme(P&H) 1675

JASJIT SINGH BEDI
Krishna Devi – Appellant
Versus
Lal Chand – Respondent


Advocates appeared:
For the Parties :Mr. Puneet Bali Senior, Advocate, Mr. Shivam Pal Sharma, Mr. K.R. Dhawan, Mr. Kirat Singh Sidhu DAG, Punjab

Judgment

Mr. Jasjit Singh Bedi, J.

The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the Complaint No.RT-18/09.05.2016 dated 19.08.2015 filed by respondent No.1 under Sections 452/ 379/ 295/ 435/ 506/ 148/149/120-B IPC (Annexure P-5), the Summoning order under Sections 148, 295 read with Section 149 IPC passed by the JMIC, Moga dated 23.05.2018 (Annexure P-6) and all subsequent proceedings arising therefrom.

2. The brief facts of the case as emanating from the pleadings are that petitioner No.1 is the real sister of respondent No.2. Their father late Munish Ram vide Transfer Deed dated 23.05.2005 transferred his land measuring 40 kanals 8 marlas in favour of the petitioner No.1. The said transfer deed was challenged by the respondent No.2 by way of filing of a civil suit bearing Civil Suit No.57 of 2006 for declaration to the effect that the suit property was ancestral/coparcenary and respondent No.2/complainant was in possession thereof.

3. The said Civil Suit bearing CS No.57 of 2006 filed by respondent No.2 was dismissed on 17.09.2013 (Annexure P-1) wherein a finding was given to the effect that the Transfer Deed dated 23.05.2005 was just and proper. I

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