As per case facts, the Respondent filed a criminal complaint alleging Petitioners illegally constructed shops on a government street and committed fraud by tampering with revenue records to expand land. ...
CRM M-46421 of 2018 and connected case -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CRM M-46421 of 2018
Date of Decision:18.07.2025
Amarjit Kaur ...Petitioner
Versus
Raghbir Singh ... Respondent
2. CRM M-5266 of 2019
Jasbir Kaur ...Petitioner
Versus
Raghbir Singh ... Respondent
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Mr. Parambir Singh, Advocate
for the petitioner (in both the petitions).
Mr. G.S. Bal, Senior Advocate with
Mr. Laxman Choudhary, Advocate
for the respondent (in both the cases).
N.S.SHEKHAWAT , J. (Oral)
1. This order shall dispose off two petitions, i.e.,
CRM M-46421 of 2018 titled as “Amarjit Kaur Vs. Raghbir
Singh” and CRM M-5266 of 2019 titled as “Jasbir Kaur Vs.
Raghbir Singh”, whereby, the petitioners have prayed for quashing
of criminal complaint No. 66 dated 08.07.2016 titled as “Raghbir
Singh Vs. Prem Singh and others” (Annexure P-1) and summoning
order dated 12.09.2018 (Annexure P-2) passed by the Court of
Sub-Divisional Judicial Magistrate, Khadur Sahib, whereby, the
CRM M-46421 of 2018 and connected case -2-
petitioners have been summoned to face trial under Sections 420, 467,
468, 471 and 34 IPC.
2. The complaint in the present case was instituted at the
instance of Raghbir Singh, respondent, who claims himself to be the
resident of “Sri Guru Amardass Jojavan Nagar Sudhar Sabha,
Goindwal Sahib”, which was doing the welfare works at Goindwal
Sahib and in surroundings areas. As per him, there was one
government street at Goindwal Sahib and which was also used by the
villagers to go to other streets and the entire village was using such a
street. Prem Singh and Balwinder Singh Kahlwan, co-accused were
constructing 19 shops on the street illegally and people were suffering
due to the said illegal act. Even though, they tried to stop them but
they told them that they had the sale deed of 14 marlas in their favour
and they were owners of the same. When he investigated the matter,
he came to know about the big fraud in the revenue record, which was
committed by accused jointly and now they wanted to construct 19
shops on the street in question. Even, they did not get the demarcation
of the above said street in question and wanted to earn illegal profit
by constructing 19 shops in question as it was a valuable piece of
land. All the accused had already tampered with the sale deed and the
land of 02 marlas was increased to 14 marlas and it was an outcome
of fraud. Even, the complainant and others had moved various
complaints to the higher authorities but no action was taken against
CRM M-46421 of 2018 and connected case -3-
the accused. During the course of preliminary evidence, the
respondent/complainant himself appeared as CW1 whereas he also
examined four more witnesses and after tendering certain documents,
the evidence was closed by order. Ultimately, the matter was
considered by the trial Court and vide the impugned summoning order
dated 12.09.2018 (Annexure P-2), the Court of Sub-Divisional
Judicial Magistrate, Khadur Sahib, summoned four accused including
both the petitioners under Sections 420, 467, 468, 471 and 34 IPC.
3. Learned counsel for the petitioners vehemently argued
that even from the allegations levelled by the respondent in the
present case and the preliminary evidence, no offence was made out
against the present petitioners. In fact, the dispute pleaded in the
complaint was especially civil in nature and had been given the cloak
of a criminal offence, without any evidence to that effect. Even the
revenue authorities had duly carried out the correction in their
revenue record vide Fard Badar dated 27.02.2015 and had corrected
the land entries. Further, a demarcation dated 16.02.2015 was carried
out by the revenue authorities and it was clearly mentioned that there
was no encroachment by the present petitioners on the said land. He
further contends that even, the respondent had concealed the material
facts and had simultaneously instituted a complaint against the
petitioners and others. In fact, the respondent had filed a civil suit in
the year 2015 (Annexure P-3) against the petitioners and others and
CRM M-46421 of 2018 and connected case -4-
the suit was also amended on 03.03.2016. Even, the petitioners
alongwith other parties had submitted their replies in the civil suit,
which were annexed with annexure P-4 and even the copy of the reply
filed by the Gram Panchayat was annexed as annexure P-6. Still
further, the petitioners alongwith other co-sharers of the property had
filed a suit for permanent injunction dated 28.04.2017 against the
respondent and others and were granted interim injunction by the trial
Court on 28.04.2017 against the respondent and the copy of the said
order (Annexure P-6) was on the record. Moreover, it has been
wrongly alleged that the petitioners had tampered with the revenue
record, whereas much prior to the institution of the complaint, the half
share of the property in dispute was purchased by the accused side
from Gurdev Singh son of Ujjagar Singh and the entry had already
been made in the jamabandi for the year 2007-2008 and 2012-2013 as
well. Learned counsel referred to the copy of the judgment and decree
dated 01.05.2023 passed by the Court of Additional Civil Judge
(Senior Division), Khadur Sahib, whereby, the civil suit filed by the
respondent and others has been ordered to be dismissed. Whereas,
vide judgment dated 13.08.2024 (Annexure P-10) passed by the Court
of Indu Bala, Additional Civil Judge (Senior Division) Khadur Sahib,
the suit filed by the petitioner was decreed with costs and the
defendants which included the respondent were restrained from
interfering in the suit property or to dispossess the plaintiffs from the
CRM M-46421 of 2018 and connected case -5-
suit property except in due course of law. Thus, even before the Civil
Court, the respondent had lost the legal battle and the FIR is an
instrument of misuse of process of law.
4. On the other hand, learned counsel appearing on behalf
of the respondent has vehemently opposed the submissions made by
the petitioners on the ground that the petitioners had forged and
fabricated the revenue record and had made wrong entries in this
regard. Even, there was tampering with the record of the panchayat
department and the petitions deserve to be dismissed by this Court.
5. In the various judgments passed by the Hon'ble Supreme
Court and this Court, it has been held repeatedly while referring to the
provisions of Section 482 Cr.P.C. that nothing under the Code of
Criminal Procedure shall deem to limit or affect the inherent powers
of the High Court to make such orders as may be necessary to give
effect to any order under this Code or to prevent the abuse of the
process of any Court or otherwise to secure the ends of justice. The
Hon'ble Supreme Court in the matter of Ajay Mitra Vs. State of
M.P. & others, 2003(3) SCC 11, has held as follows:-
“Leave granted.
These appeals by special leave are directed against the
judgment and order dated January 16, 2002 of High
Court of Madhya Pradesh, by which three Petitions filed
by the appellants under Section 482 Cr.P.C. were
dismissed.
CRM M-46421 of 2018 and connected case -6-
xxx xxx xxx xxx xxx xxx
Thereafter, the appellants filed three Criminal
Miscellaneous Petitions under Section 482 Cr.P.C. before
the High Court for quashing of the FIR and the
proceedings of the case before the learned Magistrate.
After hearing the parties, the High Court held that the
investigation had not yet commenced in connection with
the FIRs which had been registered at the Police Station
and, therefore, the Petitions were pre-mature and
accordingly all the three Petitions were rejected.
xxx xxx xxx xxx xxx xxx
The High Court has held that the Petitions filed by the
appellants for quashing the complaint and the FIRs
registered against them are pre-mature. The question
which arises is that where the complaint or the FIR does
not disclose commission of a cognizable offence, whether
the same can be quashed at the initial stage? This
question was examined by this Court in State of West
Bengal &Ors. V. Swapan Kumar Guha & Ors., AIR
1982 Supreme Court 949 and it was held that the First
Information Report which does not allege or disclose
that the essential requirements of the penal provision are
prima facie satisfied, cannot form the foundation or
constitute the starting point of a lawful investigation. It is
surely not within the province of the police to investigate
into a Report (FIR) which does not disclose the
commission of a cognizable offence and the code does
not impose upon them the duty of inquiry in such cases.
It was further held that an investigation can be quashed
CRM M-46421 of 2018 and connected case -7-
if no cognizable offence is disclosed by the FIR. The
same question has been considered in State of Haryana
&Ors. V. Ch. Bhajan Lal &Ors. 1991(3) RCR
(Criminal) 383 (SC) and after considering all the earlier
decisions, the category of cases, in which the Court can
exercise its extra-ordinary power under Article 226 of
the Constitution or the inherent power under Section 482
Cr.P.C. either to prevent abuse of the process of any
Court or to secure the ends of justice, were sumarised in
para 108 of the Report and sub- paras 1 to 3 thereof are
being reproduced hereinbelow :
"1. Where the allegations made in the First Information
Report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against
the accused.
2. Where the allegations in the First Information Report
and other materials, if any, accompanying the F.I.R. do
not disclose a cognizable offence, justifying an
investigation by police officers under Section 156(1) of
the Code except under an order of a Magistrate within
the purview of Section 155(2) of the Code.
3. Where the uncontroverted allegations made in the FIR
or complaint and the evidence collected in support of the
same do not disclose the commission of any offence and
make out a case against the accused."
6. The said judgment by the Three Judges Bench of the
Hon’ble Supreme Court had affirmatively held that where an FIR
does not disclose the essential requirements of the penal provision or
CRM M-46421 of 2018 and connected case -8-
does not disclose the commission of a cognizable offence, the same
can be quashed at the initial stage. Reference has also been made to
the judgment of Hon’ble Supreme Court in case “State of Haryana
and others Vs. Ch. Bhajan Lal & Ors., 1991(3) RCR (Criminal)
383), in which, it was observed that the High Court can exercise its
extraordinary power under Article 226 of the Constitution or the
inherent power under Section 482 Cr.P.C. 1973 either to prevent
abuse of the process of any Court or to secure the ends of justice.
7. The Hon’ble Supreme Court of India in “R Kalyani vs.
Janak C. Mehta” reported as 2009 (1) SCC 516 has held as under:
“Leave granted.
2. Appellant lodged a First Information Report (FIR)
against the respondents on or about 4.1.2003 under
Sections 409, 420 and 468 read with Section 34 of the
Indian Penal Code.
3. First and second respondent approached the High
Court for an order for quashing of the said FIR as also
the investigation initiated pursuant thereto or in
furtherance thereof. The High Court allowed the said
proceedings by reason of the impugned order dated
29.4.2004.Mr. K.K. Mani, learned counsel appearing on
behalf of the appellant, would, in support of the appeal,
contend :
(1) The High Court exercised its inherent jurisdiction
under Section 482 of the Code of Criminal Procedure
wholly illegally and without jurisdiction insofar as it
CRM M-46421 of 2018 and connected case -9-
entered into the disputed questions of fact in regard to
the involvement of the respondents as the contents of the
first information report disclose an offence of cheating,
criminal breech of trust and forgery.
(2) While admittedly the investigation was not even
complete, the High Court could not have relied upon the
documents furnished by the defendants either for the
purpose of finding out absence of mens rea on the part of
the applicants or their involvement in the case.
(3) Respondent Nos.1 and 2 herein being high ranking
officers of M/s. Shares and Securities Ltd., a company
dealing in shares, were vicariously liable for commission
of the offence being in day to day charge of the affairs
thereof.
(4) An offence of forgery being a serious one and in view
of the fact that the respondent No.2 forwarded a letter
purporting to authorise the accused No.3 to transfer
shares to the National Stock Exchange, he must be held
to have the requisite intention to commit the said offence
along with the respondent No.3.
(5) In any view of the matter, the respondent No. 3 being
not an applicant before the High Court, the entire
criminal prosecution could not have quashed by the
High Court.
xxx xxx xxx xxx xxx xxx
In Hamid v. Rashid alias Rasheed & Ors. [(2008) 1 SCC
474], this Court opined :
CRM M-46421 of 2018 and connected case -10 -
"6. We are in agreement with the contention advanced on
behalf of the complainant appellant. Section 482
Criminal Procedure Code saves the inherent powers of
the High Court and its language is quite explicit when it
says that nothing in the Code shall be deemed to limit or
affect the inherent powers of the High Court to make
such orders as may be necessary to give effect to any
order under the Code, or to prevent abuse of the process
of any Court or otherwise to secure the ends of justice. A
procedural Code, however exhaustive, cannot expressly
provide for all time to come against all the cases or
points that may possibly arise, and in order that justice
may not suffer, it is necessary that every court must in
proper cases exercise its inherent power for the ends of
justice or for the purpose of carrying out the other
provisions of the Code. It is well established principle
that every Court has inherent power to act ex debito
justitiae to do that real and substantial justice for the
administration of which alone it exists or to prevent
abuse of the process of the Court."
xxx xxx xxx xxx xxx xxx
One of the paramount duties of the Superior Courts is to
see that a person who is apparently innocent is not
subjected to persecution and humiliation on the basis of
a false and wholly untenable complaint.
xxx xxx xxx xxx xxx xxx
A vicarious liability can be fastened only by reason of a
provision of a statute and not otherwise. For the said
purpose, a legal fiction has to be created. Even under a
CRM M-46421 of 2018 and connected case -11 -
special statute when the vicarious criminal liability is
fastened on a person on the premise that he was in-
charge of the affairs of the company and responsible to
it, all the ingredients laid down under the statute must be
fulfilled. A legal fiction must be confined to the object
and purport for which it has been created. In Sham
Sunder & Ors. v. State of Haryana [(1989) 4 SCC 630],
this Court held :
"9. But we are concerned with a criminal liability under
penal provision and not a civil" liability. The penal
provision must be strictly construed in the first place.
Secondly, there is no vicarious liability in criminal law
unless the statute takes that also within its fold. Section
10 does not provide for such liability. It does not make
all the partners liable for the offence whether they do
business or not."
xxx xxx xxx xxx xxx xxx
27. If a person, thus, has to be proceeded with as being
vicariously liable for the acts of the company, the
company must be made an accused. In any event, it
would be a fair thing to do so, as legal fiction is raised
both against the Company as well as the person
responsible for the acts of the Company.
xxx xxx xxx xxx xxx xxx
30. The appeal is dismissed with the aforementioned
observations.
8. Now adverting to the facts of the present case, the
respondent has wrongly alleged that the petitioners and other accused
CRM M-46421 of 2018 and connected case -12 -
had tried to grab the land of the street and wanted to construct 19
shops on the street illegally. In fact, in a criminal case, the
proceedings can be initiated by only aggrieved person or any person,
who comes to know about the commission of the offence, however,
the concept of locus standi cannot be so widened, so as to include any
stranger, who had no concern at all with the property. Moreover, it is
apparent from the reading of the allegations that the respondent and
the petitioners and their family members were politically opposed to
each other. Thus, on this ground also, the possibility of false
implication of the present petitioners cannot be ruled out. Moreover,
with regard to the same property, the respondent had filed a civil suit
(Annexure P-3) before the Court of Additional Civil Judge (Senior
Division) Khadur Sahib. However, vide the judgment and decree
dated 01.05.2023 (Annexure P-9), the Court of Additional Civil Judge
(Senior Division), Khadur Sahib has dismissed the said suit filed by
the respondent. Even, the most of the issues were decided against the
respondent by the Civil Court, whereas, on the other hand, the civil
suit instituted by both the petitioners and others has been decreed.
9. Still further, in the present case, it has been alleged by the
respondent/complainant that the petitioners were not the actual
owners in possession of the property in question, but they had
changed the revenue entries illegally and there was tampering in the
CRM M-46421 of 2018 and connected case -13 -
revenue record. However, the respondent could not show that any
document was forged by either of the petitioners.
10. Even, the Hon’ble Supreme Court has repeatedly held
that the civil dispute cannot be converted into a criminal offence.
Even, the while dealing with a similar case, the Hon’ble Supreme
Court has held in the matter of the State of Madhya Pradesh Vs.
Shilpa Jain and others, 2024 AIR Supreme Court 1814 as follows:-
“2.4. In furtherance of the Complaint, the FIR came to
be registered by the investigating agencies against 22
(twenty-two) persons including inter alia the
Respondents. Aggrieved by the registration of the FIR,
application(s) came to be preferred under section 482
CrPC, 1973 before the High Court seeking the quashing
of the FIR (the "Quashing Petition"). Vide the Impugned
Order, the High Court quashed the FIR and the
proceeding(s) emanating thereof. The operative
paragraph(s) of the Impugned Order are reproduced as
under: "05. Considering the above submissions and the
evidence on record in the form of the judgments of the
trial Court as well as the appellate Court that the
respondent-state has been unable to prove its title. The
suit as well as the appeal have been dismissed and in
this light filing of criminal proceedings as alleged by the
Counsel for the petitioners is nothing but a ploy to
subjugate the petitioners. It has ben consistently stated
by the Counsel for the petitioners that the petitioners are
in possession of the said land for more than 90 years and
Counsel has relied on several judgments of the Hon'ble
CRM M-46421 of 2018 and connected case -14 -
Apex Court as well as this Court in the matter of
Mohammed Ibrahim and others v. State of Bihar and
another [(2009) 8 SCC 751], Ramesh Dutt and others v.
State Punjab and others [(2009) 15 SCC 429], Rajib
Ranjan and others v. R Vijaykumar [(2015) 1 SCC
513], Mr. Stephen v. Gomes and another [2015 (II)
MPWN 149], Savitri Pandey and another v. State of UP
and others [AIR 2015 SC 2501], AK Sharma (Cdr.) v.
State of MP 2015(3) JLJ 213 and Chandran
Ratnaswami v. KC Palanisamy and others [2013 (6)
SCC 740] to state that the Hon'ble Supreme Court and
this Hon'ble Court have repeatedly held and quashed
FIR and criminal proceedings relating to a dispute of
title of property and other civil disputes and Counsel
prayed for quashment of the FIR.
06. Besides Counsel also submitted that there was no
allegation against the petitioners regarding their having
forged any document or their having manipulated any
documents or cheating. Then under the circumstances
offences could not be made out against the petitioners.
Counsel has vehemently urged that the action of the
Tehsildar in lodging the FIR and registration of the
offences is a gross misuse of the power and invoking the
criminal law and procedure is purely contrary to the
principles of natural justice as well as the provisions of
the law since civil proceedings established title and the
State has lost on both these counts.
07. Hence, I find that a judicial process should not be an
instrument of oppression, or, needless harassment. The
Apex Court has in several cases warned that Authorities
CRM M-46421 of 2018 and connected case -15 -
should be circumspect and judicious in exercising
discretion and should take all relevant facts and
circumstances into consideration before issuing process;
otherwise the process would become a mere instrument
in the hands of the private complainant to seek vendetta
and short circuit a procedure of law. Especially, in the
present case the civil matters are still pending
consideration and placing reliance on Suneet Gupta v.
Anil Triloknath Sharma and others 2008 (11) SC 670. I
find that the FIR needs to be quashed primarily on the
ground that the dispute is purely civil in nature and the
complaint amounts to an abuse the process of law. The
impugned FIR stands hereby quashed. The petitions are,
therefore, allowed."
11. In view of the above discussion, this Court is completely
convinced that it is a case of a malicious and vengeful process, which
has no basis. Thus, both the petitions are allowed and the criminal
complaint No. 66 dated 08.07.2016 titled as “Raghbir Singh Vs.
Prem Singh and others” (Annexure P-1) and summoning order
dated 12.09.2018 (Annexure P-2) passed by the Court of Sub-
Divisional Judicial Magistrate, Khadur Sahib, are ordered to be
quashed qua the petitioners.
12. All pending applications, if any, are disposed off,
accordingly.
18.07.2025 (N.S.SHEKHAWAT)
amit rana JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
Legal Notes
Add a Note....