2023 Supreme(P&H) 3255
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL, J.
Hardeep Singh & Anr. – Petitioners
Versus
State of Punjab & Anr. – Respondents
CRM-M NO.34154 of 2016
Decided On : 01-06-2023
Advocates Appeared:
Mr. Sofat Dogra, Advocate for Mr. Sant Pal Sidhu, Advocate; For the Petitioner (in CRM-M-34154 & 38148 of 2016).
Mr. ADS Sukhija, Advocate; For the Petitioner (in CRM-M-34205 of 2016)
Mr. Mohit Chaudhary, AAG, Punjab.
None for Respondent No.2
Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 406, 420, 467, 468, 471, 120-B - Quashing of FIR - The court quashed FIR No. 68 based on findings that the allegations were fabricated and the criminal proceedings instituted with mala fide intention. (Paras 2, 10, 15)
(B) FIR claims - The court highlighted that the allegations, even if accepted, did not constitute a cognizable offence, leading to the conclusion that further proceedings amounted to abuse of process. (Paras 3, 13)
Facts of the case:
The petitions were filed for quashing an FIR related to allegations of fraud and forgery made by a complainant against individuals reportedly connected to loan transactions and property disputes involving a husband and wife. (Paras 2, 10)
Findings of Court:
The Court determined that the complainant maliciously instituted proceedings, which did not disclose a cognizable offence, and noted the existence of a parallel civil suit regarding the same property. (Paras 10, 12, 15)
Issues: The primary issues included determining the validity of the FIR based on the allegations made and the underlying motivations of the complainant. (Paras 9, 10)
Ratio Decidendi: The Court ruled against the continuation of the FIR based on the principle that criminal proceedings should not be instituted with malicious intent, particularly when a civil remedy exists. (Paras 10, 12)
Result: Petitions allowed; FIR quashed. (Para 15)
| Table of Content |
|---|
| 1. court considers jurisdiction for fir quashing (Para 1 , 2 , 3) |
| 2. petitioners contest false implications in fir (Para 4 , 5 , 6 , 7) |
| 3. court examines allegations and finds them improbable (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. fir quashed for lack of cognizable offense (Para 15) |
| 5. final order and directive on case disposal (Para 16 , 17) |
JUDGMENT
Sandeep Moudgil, J.
Vide this common order, this Court intend to dispose of all the three petitions together as they are arisen out of the same FIR.
2. The jurisdiction of this Court under Section 482 of the CRIMINAL PROCEDURE CODE , 1973, has been invoked for quashing of FIR No. 68, dated 01.06.2016, under Sections 406 , 420, 467, 468, 471, 120-B of the INDIAN PENAL CODE 1860 (for short 'IPC') registered at Police Station Amloh, District Fatehgarh Sahib.
3. The contents of the FIR are reproduced hereinbelow:-
"Copy of complaint No.77/CIA, dated 8.3.2016 from Ramandeep Kaur wife of ,Didar Singh son of Dalip Singh, resident of village Muggal Majra, Tehsil Amloh, District Fatehgarh Sahib, for registration of a case. To the Deputy Commissioner Sahib, Fatehgarh Sahib. Subject: Complaint for registration of a case against Balwinder Singh son of Jang Singh son of Gajju, Rajvir Singh son of Balwinder Singh son of Jang Singh, Gurminder Singh son of Buta Singh son of Jang Singh, resident of village Lallon Khurd, Tehsil Amloh, District Fatehgarh Sahib, Five Star Finance Company, Amloh, Nirmal Singh resident of village Badi Panecha, Sub Tehsil Bhadson, District Patiala, as they have committed a fraud, forgery and mis-appropriation and threatened to murder us. Respected Sir, The complainant Ramandeep Kaur wife of Didar Singh son of Dalip Singh, resident of village Muggal Majra, Tehsil Amloh, District Fatehgarh Sahib requests you that I am resident of above said address and I am a peace loving lady. I do not believe in any quarrel. My husband does not know about the law. The above said person Balwinder Singh is doing the work of finance and the remaining persons are his associates. In the year 2013, my husband got loan from the above said Balwinder Singh and he got signatures and thumb impressions of my husband on many blank papers and he also got 4-5 blank cheques which were signed by my husband. Balwinder Singh also got signatures of my husband on blank stamp papers and Balwinder Singh promised us that when we will repay the loan amount, then he will give back us the papers. That now we have repaid all the amounts of the finance company of Balwinder Singh but he has not returned out cheques and stamp papers and other papers. When we demanded the receipt and papers from Balwinder Singh, then he said that he will give lateron. Balwinder Singh did not return our papers and also did not issue receipt to us. Balwinder Singh under a planned conspiracy made some writing on the blank stamp papers and blank papers and committed a fraud with us. Now the above said persons Balwinder Singh along with his companions visited my house and threatened me that they will grab our property and also saying that he will present blank cheques one by one and will send my husband in jail. That due to illegal acts of the above said Balwinder Singh, I and my family members are suffering physically and mentally. That Balwinder Singh and his son Rajvir Singh are openly threatening us that their work is to loot people and if we will report against them, they will murder us. They are saying that they are having association with big gundas and, thus, no body can cause harm to them. That 7 the above said Balwinder Singh and his companions one day took my husband in a car from our house and said that they have to talk with him and they will release him but they threatened him a lot and asked him to accept whatsoever they are saying, otherwise they will murder him. I am having apprehension that the above said persons can kidnap my husband and can murder me. It is also pertinent to mention here that the above said
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