Crl Misc No. M 17553 of 2009 (O&M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of decision : December 02, 2009
1. Crl Misc No. M 17553 of 2009
Lachhman Dass vs State of Punjab and another,
2. Crl Misc No. M 17560 of 2009
Parvinder Kumar and others vs State of Punjab and another,
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CORAM : HON’BLE MR.JUSTICE AJAY TEWARI
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Present : Mr. Hemant Saini, Advocate
for the petitioner (s).
Mr. Mehar Deep Singh, DAG Punjab
for respondent No.1.
Mr. N.L.Sammi, Advocate
for respondent No.2.
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1. Whether Reporters of Local Newspapers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest ?
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AJAY TEWARI, J (Oral)
This order shall dispose of Crl Misc Nos. M 17553 and 17560
of 2009.
These are the petitions for quashing of FIR No.61, dated
11.03.2002, registered under Sections 420/467/468/471 of the IPC at Police
Station City Rajpura, District Patiala, and FIR No.23, dated 25.1.2001,
registered under Sections 420/467/468/471/120-B of the IPC, at Police
Station City Rajpura, District Patiala.
Crl Misc No. M 17553 of 2009 (O&M) ::2::
The dispute is with regard to a house. The averments are that
the matter has been compromised and that the complainant would be
entitled to 45% of the share of the house in dispute, which is to be sold
within one year. It has further been agreed that if the said property is not
sold within one year, the complainant would be entitled to the possession
thereof in the same share.
Counsel for the complainant-respondent No.2 has, however,
voiced some apprehension that in case these petitions are allowed, the
petitioners may resile from the compromise. He further states that a civil
suit inter parties is fixed before the civil Court at Rajpura on 23.12.2009.
Considering that the dispute is between real brothers, and the
offences complained of are not very serious, and in view of the decision of
this Court in Kulwinder Singh and others vs State of Punjab, 2007(3) RCR
(Crl) 1052, I deem it appropriate to quash both the FIRs.
Consequently, the present petitions are allowed and FIR
No.61, dated 11.03.2002, registered under Sections 420/467/468/471 of the
IPC at Police Station City Rajpura, District Patiala, and FIR No.23, dated
25.1.2001, registered under Sections 420/467/468/471/120-B of the IPC, at
Police Station City Rajpura, District Patiala as also subsequent proceedings
emanating therefrom are quashed. This would, however, be subject to the
petitioners’ getting a decree passed in the above mentioned terms on
23.12.2009, and further subject to depositing a sum of Rs.20,000/- as costs
with the State Legal Services Authority Punjab to be paid by both the
parties in the ratio of 55:45%. Let the receipt of the costs be produced
before the trial Court on the date fixed before it.
As the main petitions have since been allowed, all the pending
Crl Misc No. M 17553 of 2009 (O&M) ::3::
civil miscellaneous applications, if any, also stand disposed of.
( AJAY TEWARI ) December 02, 2009. JUDGE `kk'