SURINDER KAUR AND ORS v. STATE OF PUNJAB AND ANOTHER
CRM-M/10307/2021 · 2025-09-24
Sanjay Vashisth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25232 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25232 (PNJ) · dailylaw.ai ]
Judgment text
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CRM-M-10307-2021 126+304 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-10307-2021 (O&M) Date of Decision : 24.09.2025 Surinder Kaur and others …...Petitioners Versus State of Punjab and another …...Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Aditya Dassaur, Advocate for the petitioners. Mr. Neeraj Madaan, Sr. DAG, Punjab.
**** SANJAY VASHISTH, J.
1. Petitioners have filed the present petition under Section 482 Cr.P.C. for quashing of FIR No. 41, dated 11.03.2020, under Section 420, 120-B IPC, registered at Police Station Navi Baradari Jalandhar, District Jalandhar and all the consequential proceedings arising therefrom.
2. All three petitioners entered into an agreement to sell dated 12.05.2016 for selling out of five marla house in favour of respondent No. 2 – Rakesh Kumar/complainant for a total sale consideration of Rs. 19.50 lacs.
3. As per allegations, the petitioners had received an amount of Rs. 13.50 lacs including an amount of Rs. 3.50 lacs through cheque. Before the target date for execution of the sale deed i.e 03.07.2018, petitioner No. 1 transferred the house in question in favour of petitioner No. 3, who is his own son in connivance with each other. REENA 2025.09.25 22:18 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-10307-2021
4. Learned State counsel also points out that the same house has already been mortgaged also with one bank for a loan amount of Rs. 27 lacs by Gulshan Singh and, thus, have created another charge over the house to deprive the complainant from getting execution of the sale deed in his favour, despite having been paid an amount of Rs. 13.50 lacs.
5. Faced with the factual position in the case, learned counsel for the petitioner prays for withdrawal of the present petition with liberty to raise all the pleas before the trial Court at an appropriate stage.
6. Dismissed as withdrawn, with the liberty, as sought and recorded hereinabove.
7. Nothing mentioned hereinabove would be considered as opinion of this Court on any of the factual aspects. Trial Court is expected to decide the fate of the case finally by taking its independent view, after having complete set of evidence before it.
8. Pending application(s), if any, stands disposed of.
(SANJAY VASHISTH) September 24, 2025 JUDGE reena Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO REENA 2025.09.25 22:18 I attest to the accuracy and integrity of this document Chandigarh