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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KARAMJIT SINGH
Charanjit Singh (Since Deceased) Through His Lr Parminder Kaur – Appellant
Versus
Surinder Kaur Sanga – Respondent
Judgment
Karamjit Singh, J.
The instant petition under Section 482 Cr.P.C. is filed by complainant/petitioner Charanjit Singh through his LR Parminder Kaur seeking quashing of order dated 13.07.2016 Annexure P-1 passed by the Court of Judicial Magistrate Ist Class, SBS Nagar in Criminal complaint No.28/2015 RBT/CRM-3776-2013 titled as Charanjit Singh Vs. Gulshan Rai and others, to the extent, the protest petition filed by complainant Charanjit Singh was dismissed qua respondents No.1 to 13 herein and order dated 14.01.2022 Annexure P-2 passed by the Court of Additional Sessions Judge, SBS Nagar vide which the revision petition filed by the petitioner against the said order dated 13.07.2016 (Annexure P-1), has been dismissed.
2. The brief facts of the case are that complainant Charanjit Singh was son of Mehar Singh and he was permanent resident of United Kingdom. Complainant reported to the police that property in question situated on railway road Banga was owned by his father Mehar Singh who purchased the same in a Court auction. The said property consisted of two portions. The eastern portion comprised of two rooms, bathroom and a kitchen, which was taken on rent by accused Harbans L
Execution of sale deeds exceeding a co-sharer’s share does not constitute forgery or cheating, reaffirming that civil disputes should not be criminalized without clear offences being present.
The execution of sale deeds by co-sharers exceeding their portion does not constitute forgery or criminal liability, reaffirming that such disputes are civil in nature.
The court emphasized the distinction between civil disputes and criminal offences, quashing the FIR due to lack of criminal intent in the allegations.
There must be a prima facie case for a cognizance order; if facts only reveal a civil dispute, the criminal proceedings cannot proceed.
Execution of sale deeds does not amount to forgery without clear intent; civil disputes should not be framed as criminal complaints.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
Term “criminal conspiracy” is defined under Section 120A of the IPC as to mean when two or more persons agree to do, or cause to be done, an illegal act, or an act with is not illegal by illegal mean....
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