Kulwant Kaur and Another vs State of Punjab and Another

Nawab Singh, J.—By filing this petition, Kulwant Kaur and her son Inderjit Singh seek quashing of FIR No. 49 dated May 26th, 2007 under Sections 420 and 120-B IPC registered in Police station Dera Baba Nanak, District Gurdaspur. Prosecution was launched on the statement of Sohan Singh (brother of husband of petitioner No. 1) alleging that in the year 1985, a tractor bearing No. PAO-4570 was purchased by his father and brother Tarsem Singh. His father died on October 3rd, 2000. He executed a Will on September 13th, 2000. By virtue of the Will, tractor and the electrical motor was given to both the brothers but Tarsem Singh alone sold the tractor and the electrical motor. Tarsem Singh and his another son Jagmit Singh are also co-accused of the petitioners.

Learned counsel for the petitioners has urged that the only allegation levelled against the petitioners are that they in connivance with Tarsem Singh and Jagmit Singh (non-petitioners) sold the tractor and electrical motor. The alleged Will purported to have been executed by the father of Tarsem Singh and Sohan Singh was challenged before the Revenue Court and it was found to be invalid. The petitioner No. 1 is a house wife and petitioner No. 2 was minor when the alleged tractor was sold by Tarsem Singh so, there is no evidence against the petitioners that they in any manner cheated the complainant. In view of above, the petition is accepted. FIR No. 49 dated May 26th, 2007 under Sections 420 and 120-B IPC registered in Police station Dera Baba Nanak, District Gurdaspur and subsequent proceedings arising therefrom are hereby quashed qua the petitioners.