Criminal Misc. No. M-3944 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-3944 of 2009
Date of Decision: 9.3.2009
Amarjit Singh and Another
...Petitioners
Versus
State of Punjab and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Nandan Jindal, Advocate
for the petitioners.
Mr. Mehardeep Singh, Assistant Advocate
General, Punjab, for respondent No.1-State.
Mr. Mandeep Kaushik, Advocate
for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
Present petition has been preferred under Section 482 Cr.P.C.
seeking quashing of FIR No. 139 dated 27.12.2004 registered at Police
Station Sherpur, under Sections 420, 465, 467, 468, 120-B IPC.
Quashing of FIR has been sought on basis of a compromise
effected between the parties. It is submitted that Panchayat land was
given on lease to Baldev Singh, respondent No.2, by the Panchayat
being land-tiller. Baldev Singh has further leased the land to the
petitioners on rent at the rate of Rs.1,500/-. Later, Baldev Singh told
them to take away Rs.1,500/- as a fraud has been committed upon him.
Thus, the accused/petitioners changed the figure from Rs.1,500/- to
Criminal Misc. No. M-3944 of 2009 2
Rs.7,000/- and then later to Rs.25,000/-.
Counsel for the petitioners has relied upon compromise
(Annexure P2) and also affidavit of Baldev Singh (Annexure P3).
Mr. Mandeep Kaushik, Advocate, appearing for the
complainant-respondent No.2 and filed reply by way of affidavit in which
it has been submitted that due to compromise no grouse between the
parties survive and they have buried their dispute for all times to come
and they want to live in harmony and want to promote amity and cordial
relations.
Baldev Singh, respondent No.2-complainant, is present in the
Court. He has been identified by his counsel Mr. Mandeep Kaushik,
Advocate.
Counsel for the State, on instructions from Gurmail Singh,
Assistant Sub Inspector, submitted that parties have appeared before
the Senior Superintendent of Police, Sangrur, and untrace report has
also been prepared. Baldev Singh is also identified by Gurmail Singh,
Assistant Sub Inspector, who has come to assist counsel for the State.
In view of the statements made by the complainant and
counsel for the State and taking into consideration the ratio of judgment
rendered in Kulwinder Singh v. State of Punjab 2007(3) Recent
Criminal Reports 1052, the present petition is accepted. FIR along with
all consequential proceedings is quashed.
(Kanwaljit Singh Ahluwalia)
Judge
March 9, 2009
“DK”