Bisham Dev vs State of Haryana

J.S. Sekhon, J.

Bisham Dev accusedpetitioner has invoked the inherent jurisdiction of this Court under section 482, Criminal Procedure Code, 1973, for quashing the FIR (Annexure `Pl'') for the offences under section 420 read with S. 120B Indian Penal Code, Police Station Jagadhri and subsequent proceedings resulting therefrom including an order dated 22.2.1985 of the trial Court framing the charge (Annexure `P2'') for the above referred offences.

The facts of the case figuring in the First Information Report (Annexure `Pl''), read as under :

"It is prayed that I am resident of village Karera Khurd Tehsil Jagadhri Distt. Ambala.

That I was cultivating the four killas of land in village Karera Khurd as tenant of Tek Chand son of Misri Lal. After the death of Tek Chand this land was inherited by Bisham Dev, Subhash Chand and three daughters whose names I do not know and I continued to cultivate the land as tenant. That Bisham Dev etc, filed a suit for ejectment against me in the Court of Assistant Collector Ist Grade Jagadhri and then this case was transferred to the Court of SDM Naraingarh and he ordered my ejectment. I filed an appeal against that in the Court of Collector, Ambala. Collector Ambala awarded me Rs. 10,000/ as compensation. However, order of ejectment was maintained. After that Bisham Dev called me in the Court premises and after giving me Rs. 10, 000/ got a receipt written from me at the basta (office) of Brij Mohan Arjinavis (Document Writer). The same day Bisham Dev agreed to sell to me Khasra No. 4/9 measuring 4K4M for Rs. 10,000/ and agreement dated 30.11.1981 was written and accepted to sell to me for Rs. 10,000/ and told that Registered deed will be executed in my favour. The possession of said land remained with me. That before expiry of date fixed for registered deed I alongwith my son Lal Singh went to the house of Bisham Dev and asked him to execute the registered deed in my favour. Bisham Dev brought me to Brij Mohan document writer and document writer got Rs. 1250/ from me and purchased stamp paper. After purchasing stamp paper registered deed was written on it but Bisham Dev demanded Rs. 25000/ in addition for executing the Registered deed. I told him that I am a poor person and I do not have more money except expenditure for registration, Bisham Dev went away after saying that he wanted to extort Rs. 10,000/ which he had done and you were to be ejected from the land which he has also done. That after that I filed a civil Suit in the Civil Court against Bisham Dev etc. and civil Court vide its order dated 27.4.83 restrained Bisham Dev etc. to sell to above said land to any other person. But Bisham Dev etc. did not care for the orders of Civil Court and sold the land on 13.4.83 for Rs. 20,000/ to the Gujjars of Daulatpur. Today I demanded from the document writer my stamp papers worth Rs. 1250/ then he said that give me Rs. 200/ and bring Bisham Dev here, after that I told my counsel Sh. Kanwar Bhan Chowdhry to get back the stamp papers. He enquired about this from the document writer. He refused to him to give the stamp papers and copy of Registered deed. Then my counsel sent. Shri Suresh Jaiswal Advocate to the document writer but he did not accept his argument and told that you can do whatsoever you can. In this way document writer and Bisham Dev have cheated me. They have bad intention. My stamp papers worth Rs. 1250/ has been concelled. I am a poor man I have come to report, action should be taken.

L. T. I. Bhulla Ram s/o Sarnia r/o Karera Khurd Tehsil Jagadhri.

The trial Court framed the following charges (Annexure `P2'').

"I, P. K. Goel, HCS, SDJM, Jagadhri, hereby charge you.

Brij Mohan s/o Jagdish Parsad;

Jawala Parshad s/o Mangat Ram;

Bisham Dev s/o Tek Chand all residents of Jagadhri as under :

Firstly : that you all on 30.11.81 in the area of P. S. Jagadhri agreed or cause to be done an illegal act to wit to purchase stamp papers worth Rs. 1250/ by illegal means for the execution of a sale deed of land measuring 7 kanals and 4 marlas in favour of Bhulla Ram and that in pursuance of that act of all of you an agreement to sell the above said land was entered into and you thereby committed an offence punishable u/s 120D IPC within my cognizance.

Secondly that you Bisham Dev on 30.11.1981 in the area of PS Jagadhri cheated Bhulla by dishonestly inducing him to deliver Rs. 10,000/ as the price of the said land to you and which was the property of the said Bhulla Ram and you Bisham Dev thereby committed an offence punishable under section 420 IPC within my cognizance.

And I hereby direct that you be tried by me on the said charge."

I have heard the learned counsel for the parties besides perusing the records.

Admittedly, according to the version of Shri Bhulla Ram, complainant, contained in FIR (Annexure P1) he is in cultivating possession of the land of Bisham Dev accused etc, Bisham Dev accusedpetitioner secured an order of the Assistant Collector, Jagadhri, for ejectment of the complainant from the land in dispute. The complainant then went in appeal before the Collector, Ambala, against the order of Assistant Collector, Jagadhri. The Collector maintained the order of the Assistant Collector, Jagadhri, and also awarded Rs. 10,000/ as compensation to tenant Bhulla Ram. The complainant then paid Rs. 10,000/ as compensation to the landlord awarded by the Collector, Ambala. It is averred that on the day of payment of this compensation in the office of Brij Mohan, Document Writer, the landlord had entered into agreement to sell the land, in dispute for Rs. 10,000/. The possession of this land however remained with the tenant (complainant). On the stipulated date both the parties approached the above referred Deed Writer and they asked the complainant to purchase stamps paper worth Rs. 1250/ Thereafter, the sale deed was written. Bisham Dev then demanded Rs. 25,000/ for executing the sale deed. The complainant, however, expressed his inability to pay the same, which resulted in nonregistration of the sale deed. It is further alleged that the Deed Writer refused to return the Stamppaper to the complainant. It is further alleged that the landlord sold the land to some other person despite the stay order obtained by the complainant from the Civil Court. There is no indication from the FIR that Bisham Dev had intention to cheat the complainant at the outset when he executed the agreement to sell the land or that he had instructed the coaccused not to return the Stamppapers to the complainant. On the other hand, it appears that due to hike in the prices of immoveable property, Bhisham Dev petitioner had fallen prey to the usual greed of getting more money and refused to execute the sale deed. Admittedly, a Civil Suit regarding the same matter is pending between the parties. There is no allegation that the Deed Writer refused to return the stamp paper at the instance of Bisham Dev.

Under these circumstances even if the entire allegations of the prosecution are taken to be true, no case is made out for the above referred offences against Bisham Dev accusedpetitioner. Consequently, the FIR and the subsequent proceedings including order of framing charge qua the petitioner are quashed by accepting this petition.