High Court Punjab-Haryana High Court

Criminal Misc. No. M-24797 Of 2006 vs State Of Haryana And Another on 11 February, 2009

Punjab-Haryana High Court
Criminal Misc. No. M-24797 Of 2006 vs State Of Haryana And Another on 11 February, 2009
Criminal Misc. No. M-24797 of 2006                                  1




      In the High Court of Punjab and Haryana, at Chandigarh.




1.                                 Criminal Misc. No. M-24797 of 2006

                                             Date of Decision: 11.2.2009


Phool Chand and Others
                                                            ...Petitioners
                                  Versus
State of Haryana and Another
                                                         ...Respondents

                                   AND


2.                                 Criminal Misc. No. M-40499 of 2006


Bahadur Chand and Others
                                                            ...Petitioners
                                  Versus
State of Haryana and Others
                                                          ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Mr. Krishan Singh, Advocate
         for the petitioners (In Criminal Misc.
         No. M-24797 of 2006)

          Mr. M.S. Cheema, Advocate
          for the petitioners (In Criminal Misc.
          No. M-40499 of 2006)

          Mr. S.S. Mor, Senior Deputy Advocate
          General, Haryana, for respondent No.1 (In
          Criminal Misc. No. M-24797 of 2006) and
          for respondents No.1 and 2 (In Criminal
          Misc. No. M-40499 of 2006)
 Criminal Misc. No. M-24797 of 2006                                   2




         Mr. V.B .Aggarwal, Advocate
         for Jangu Ram, respondent No.2 (In
         Criminal Misc. No. M-24797 of 2006) and
         for respondent No.3 (In Criminal Misc. No.
         M-40499 of 2006).


Kanwaljit Singh Ahluwalia, J. (Oral)

By this common order, two petitions i.e. Criminal Misc. Nos.

M- 24797 of 2006 titled as “Phool Chand & Others v. State of Haryana &

Another” and M- 40499 of 2006 titled as “Bahadur Chand and Others v.

State of Haryana and Others” shall be decided together.

Jangu Ram, complainant-respondent, had lodged case FIR

No. 21 dated 11.2.2006 registered at Police Station Sadhaura, District

Yamuna Nagar, under Sections 420, 467, 468, 471, 120-B, 166 & 167

IPC. It was stated in the FIR that Jangu Ram has six brothers. They

were having joint khatta out of which 1 killa & 2 kanals of land was sold

by brother Sada Ram. Thereafter, land was partitioned and 22 kanals &

1 marla of land came to the share of Jangu Ram, whereas 14 kanals &

5 marlas of land came to the share of Sada Ram. Sada Ram died two

years before recording of FIR and his land was mutated in the names of

his two sons, namely Om Parkash and Phool Chand. They have sold

their share of 14 Kanals & 5 marlas to one Sat Pal Saini son of Daya

Ram vide registered sale deed dated 1.2.2005. In the registered sale

deed, due to over writing, khasra number of the land which is in

possession and ownership of Jangu Ram was mentioned. That being

so, the present FIR was lodged.

Counsel for the complainant, Mr. V.B. Aggarwal, Advocate,

has stated that subsequently necessary corrections have been carried in
Criminal Misc. No. M-24797 of 2006 3

the sale deed. Besides this, it has been agreed between the parties that

Jangu Ram is to be compensated by paying Rs.50,000/- in cash.

Jangu Ram, complainant-respondent, is present in the Court.

He has been identified by his counsel Mr. V.B. Aggarwal, Advocate.

Amount of Rs.50,000/- in cash has been handed over to him on behalf

of three petitioners in Criminal Misc. No. M-24797 of 2006 namely Phool

Chand, Om Parkash and Satpal and four petitioners in Criminal Misc.

No. M-40499 of 2006, namely Bahadur Chand, Shiv Dayal, Dilbagh

Singh, and Dharam Chand Patwari.

Counsel for the petitioners have submitted that this amount

has been handed over to complainant to promote amicable relations

without any admission of the guilt.

It has been stated by Mr. Aggarwal, on instructions from Janga

Ram, complainant, that in view of the compromise arrived between the

parties, the impugned FIR (Annexure P1) along with all subsequent

proceedings be quashed.

Mr. S.S. Mor, learned Senior Deputy Advocate, General,

Haryana, states that since correction has been made in the sale deed

and compromise arrived will promote everlasting peace. He has no

objection in case the impugned FIR is quashed.

Taking into consideration the consensus arrived between the

parties and ratio of law laid down in a judgment of Full Bench of this

Court rendered in Kulwinder Singh v. State of Punjab 2007(3) Recent

Criminal Reports 1052, the continuation of further proceedings is not

warranted.

Therefore, the present petition is accepted and impugned FIR
Criminal Misc. No. M-24797 of 2006 4

(Annexure P1) on basis of compromise arrived between the parties

along with all the subsequent proceedings, is quashed.

(Kanwaljit Singh Ahluwalia)
Judge
February 11, 2009
“DK”