JUDGMENT

6

01. During pendency of the petition, petitioner No. 1 died and he was deleted from the array of respondents in terms of order dated 07.12.2021.

02. Instant petition has been filed by the petitioners under Section 561-A Cr.P.C(now section 482 Cr. P.C) for quashing the FIR No. 42/2015 dated 24.08.2015 registered with respondent No. 1 for commission of offences under Sections 420, 406, 452, 465, 467, 506 and 120-B RPC at the instance of respondent No. 2 on the following grounds:

(i) That by virtue of sale deed executed by the deceased-petitioner on

08.08.2012 in favour of respondent No. 2 and registered on 11.08.2012 before Sub-Registrar, Jammu, the respondent No. 2 purchased the land measuring 3 ¼ Marlas comprising survey No. 539 alongwith one room having tin sheet roof, situated at Ward No. 42 Rakh Bahu, Tehsil and District Jammu. Vide another sale deed executed on the same day by the petitioner in favour of respondent No. 2 and registered on 13.08.2012 before Sub-Registrar, Jammu, the respondent No. 2 purchased land measuring 5 ½ marlas comprising survey No. 542 alongwith two rooms having tin sheet roof, situated at Ward No. 42 Rakh Bahu, Tehsil and District Jammu, whereas the complaint of the respondent No.2 leading to registration of FIR speaks of double storied house, which the petitioner had constructed in the year 2002 and had been running paying guest accommodation for girls since 2005 and the recitals in both the sale deeds executed by petitioner and the deceased- petitioner, in respect of one room with tin roof and two rooms with tin roofs as the case may be, were not meant for the purpose of sale by the petitioners but were for the purpose of securing the loan amount, which the petitioner had raised from the respondent No. 2.

(ii) That the possession of the aforesaid house was never delivered to the respondent No. 2 and the aforesaid sale deeds were executed only for the purpose of securing the loan, which the petitioner had raised from the respondent No. 2, therefore, there was no question of cheating, criminal breach of trust, trespass, forgery and the FIR has been got registered by the respondent No. 2 to grab the aforesaid house of the petitioner and his father (now deceased).

(iii) That a civil dispute is pending before the civil court and the matter is yet to be decided by the civil court, therefore, the impugned FIR is nothing but an abuse of process of law.

03. Status report stands filed by the respondent No. 1, stating therein that a written complaint was filed by the respondent No. 2 before the court of Additional Munsiff, JMIC, Jammu against the petitioners and the Court in terms of Section 156(3) Cr.P.C directed the respondent No. 1 for registration of FIR. It has been stated that the complainant is an unfortunate widow of Dr. Buphinder Singh, who died on 26.02.2015. She had purchased a double storied house in Nanak Nagar, Jammu from the petitioners vide two different sale deeds registered before learned Sub-Registrar, Jammu. The petitioners, who are close relatives of the respondent No. 2 and as they had no other place to live in, approached her, they were permitted to live on the ground floor of the house on license basis. The second floor remained with her duly locked and a license deed was executed in that regard on 20.10.2012, which was subsequently extended on 21.12.2013. The petitioners, however, in furtherance of a criminal conspiracy forcibly and illegally trespassed and encroached upon the entire double storied house of the complainant by breaking the locks. The complainant/respondent No. 2 served a legal notice upon the petitioners to vacate the premises but the petitioners filed two civil suits challenging the execution of the sale deeds before the civil Court. After consideration of the matter, the Court vacated the stay order in both the suits.

The petitioners thereafter filed an appeal but possession over the said property was still with the respondent No. 2. In the month of May 2015,whe