125 IN THE HIGH COURT OF PUNJAB AND HARYANA MANJIT SINGH AND ANOTHER STATE OF PUNJAB AND ANOTHER CORAM: HON’BLE MR. Present: Mr. A.S. Khosa, Advocate for Ms Mr. Subhash Godara, Addl. A.G., Punjab. HARPREET SINGH BRAR 1. This petition has been filed under Section seeking quashing of FIR No. of IPC registered at Police Station 1) along with all subsequent proceedings arising therefrom 2. Learned counsel for the petitioner, complainant is the wife of petitioner No.1 and daughter No.2. As per the case set up by the prosecution, the complainant has alleged that by obtaining a false pedigree table, petitioner No.1 has transferred 46 kanals, 14 marlas the petitioners relies upon the pedigree table (Annexure P the same was duly verified by MC Dhuri and Halka Pawari, which is correct Further, the dispute between the parties is purely civil in nature as the petitioner No.1 transferred the same in favour of his mother i.e. petitioner No.2. complainant has already instituted a ci IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MANJIT SINGH AND ANOTHER V/S PUNJAB AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. A.S. Khosa, Advocate for the petitioners. Ms. Shubreet Kaur, Advocate for the Mr. Subhash Godara, Addl. A.G., Punjab. **** HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section seeking quashing of FIR No.159 dated 06.10.2024 IPC registered at Police Station Sadar Dhuri, District ) along with all subsequent proceedings arising therefrom Learned counsel for the petitioner, complainant is the wife of petitioner No.1 and daughter No.2. As per the case set up by the prosecution, the complainant has alleged that by obtaining a false pedigree table, petitioner No.1 has transferred 46 marlas of the land in favour of petitioner No.2 relies upon the pedigree table (Annexure P was duly verified by MC Dhuri and Halka Pawari, which is correct the dispute between the parties is purely civil in nature as the No.1 has inherited the land in question from his father transferred the same in favour of his mother i.e. petitioner No.2. complainant has already instituted a civil suit. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14734-2025 Date of decision: 28.04.2025 ...PETITIONERS ...RESPONDENTS HARPREET SINGH BRAR petitioners. Advocate for the respondent No.2. Mr. Subhash Godara, Addl. A.G., Punjab. This petition has been filed under Section 528 BNSS, 2023 06.10.2024 under Sections 420/120-B , District Sangrur (Annexure P- ) along with all subsequent proceedings arising therefrom. Learned counsel for the petitioner, inter alia, contends that complainant is the wife of petitioner No.1 and daughter-in-law of petitioner No.2. As per the case set up by the prosecution, the complainant has alleged that by obtaining a false pedigree table, petitioner No.1 has transferred 46 of the land in favour of petitioner No.2. Learned counsel for relies upon the pedigree table (Annexure P-2) and submits that was duly verified by MC Dhuri and Halka Pawari, which is correct. the dispute between the parties is purely civil in nature as the inherited the land in question from his father and has transferred the same in favour of his mother i.e. petitioner No.2. Moreover, the vil suit. Therefore, registration of the MANISHA 2025.04.29 16:51 I attest to the accuracy and authenticiy of this order/judgment CRM-M-14734 FIR (supra) and continuation of the proceedings are clearly an abuse of the process of law. Learned counsel for the petitioner would be satisfied in case all the documents, which are an present petition and all the averments made herein, Investigating Officer before submitting the final report under Section BNSS, 2023 (erstwhile Section 173 3. Notice of motion. 4. On asking of the Court, who is present in the Court, accepts notice on behalf of the respondent and submits that he has no objection, in case the Investigating Officer is directed to consider all the documents, which are annexed with the present petition, before preparing the fi Section 173 Cr.P.C. 5. Ms respondent No.2 and files his memo of appearance Registry is directed to tag the same at prayer made by the petitioner intentionally transferred his property to avoid the payment of maintenance which was instituted prior in time. No.1 is clearly discernible from his conduct. She further submits that from the pedigree table, petitioner No.1 her child. 6. Having heard learned counsel for the parties and after perusing the record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal today itself. 14734-2025 2 and continuation of the proceedings are clearly an abuse of the Learned counsel for the petitioner would be satisfied in case all the documents, which are an petition and all the averments made herein, Investigating Officer before submitting the final report under Section (erstwhile Section 173 Cr.P.C.). Notice of motion. On asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab who is present in the Court, accepts notice on behalf of the respondent and submits that he has no objection, in case the Investigating Officer is directed to consider all the documents, which are annexed with the present petition, before preparing the final report under Section Cr.P.C.). Ms. Shubreet Kaur, Advocate puts in appearance on behalf of respondent No.2 and files his memo of appearance Registry is directed to tag the same at the appropriate place. She opposes the prayer made by the petitioners and submits that the petitioner intentionally transferred his property to avoid the payment of maintenance instituted prior in time. As such, mala fide is clearly discernible from his conduct. She further submits that from the petitioner No.1 has intentionally excluded the complainant and Having heard learned counsel for the parties and after perusing record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal today itself. and continuation of the proceedings are clearly an abuse of the Learned counsel for the petitioners submits that the petitioners would be satisfied in case all the documents, which are annexed with the petition and all the averments made herein, are considered by the Investigating Officer before submitting the final report under Section 193 of Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent and submits that he has no objection, in case the Investigating Officer is directed to consider all the documents, which are annexed with the present petition, 193 of BNSS, 2023 (erstwhile Advocate puts in appearance on behalf of respondent No.2 and files his memo of appearance, which is taken on record. the appropriate place. She opposes the and submits that the petitioner No.1 has intentionally transferred his property to avoid the payment of maintenance, mala fide intention of petitioner is clearly discernible from his conduct. She further submits that from the has intentionally excluded the complainant and Having heard learned counsel for the parties and after perusing record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal today itself. MANISHA 2025.04.29 16:51 I attest to the accuracy and authenticiy of this order/judgment CRM-M-14734 7. Keeping in view the aforesaid facts and circumstances, present petition is disposed of with a direction to the Inves all the documents, which are annexed with the present petition made in the present petition 193 of BNSS, 2023 8. It is clarified that in case, final report under Section 2023 (erstwhile Section 173 at liberty to file a fresh petition to challenge the final report under Section April 28, 2025 manisha (i) (ii) 14734-2025 3 Keeping in view the aforesaid facts and circumstances, present petition is disposed of with a direction to the Inves all the documents, which are annexed with the present petition made in the present petition, before preparing the final report under Section 193 of BNSS, 2023 (erstwhile Section 173 Cr.P.C. It is clarified that in case, final report under Section (erstwhile Section 173 Cr.P.C.) is against the petitioner at liberty to file a fresh petition to challenge the final report under Section 193 of BNSS, 2023 (erstwhile Section 173 (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable Keeping in view the aforesaid facts and circumstances, present petition is disposed of with a direction to the Investigating Officer to consider all the documents, which are annexed with the present petition and averments before preparing the final report under Section Cr.P.C.). It is clarified that in case, final report under Section 193 of BNSS, is against the petitioners, they would be at liberty to file a fresh petition to challenge the FIR (supra) as well as the (erstwhile Section 173 Cr.P.C.). HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.29 16:51 I attest to the accuracy and authenticiy of this order/judgment