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”