Gaurav Sekhri And ORS v. State Of Punjab And ANR




    
       Date of decision: 10th July, 2015  Gaurav Sekhri and others

Petitioners

Versus

State of Punjab and others

Respondents        !
  !
 1.

Whether Reporters of Local Newspapers may be allowed to see tht e judgment?

2.

Whether to be referred to the Reporters or not? 3.

Whether the judgment should be reported in the Digest?

Present:

Mr. Mandeep S. Sachdev, Advocate for the petitioners.

Mr. J.S. Brar, Asstt. Advocate General, Punjab.

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" Report dated 27.06.2014 of learned Judicial Magistrate 1st Class, Jalandhar has been received based on the statements of complainant Rajinder Singh Bhalla, accused Ram Dulari, Gaurav Sekhri and Gian Chand intimating that the compromise Ex.PA so placed on the record between complainant Rajinder Singh Bhalla with accused Ram Dulari, Gaurav Sekhri and Gian Chand was voluntary, an outcome of the own free will and accord of the parties without any undue influence or pressure.





Since out of the nine accused namely Ram Dulari, Gaurav Sekhri, Gian Chand Sekhri, Ruby, Kiran, Chander Shekhar, Joginder Pal, Balvir Singh and Makhan Singh; only Ram Dulari, Gaurav Sekhri and Gian Chand Sekhri have sorted out their differences. The allegations against the petitioners are that they along with their co9accused have submitted false documents including that of Registration Certificate of Scooter bearing No.PB089AY95788 and in fact actual number was in respect of a Santro car and similarly RC in respect of Maruti car bearing No.PB089AY96786 has been issued for an Innova vehicle.

Since the offences of Section 420, 465, 467, 468, 471 and 1209B IPC are not of very heinous nature so as to desist the Court from accepting this compromise and in view of the law laid down in #$%& !$&'( ) !*%*+   ,&-%. %&/ %&*(+0  12   10$3$&%425 and #6,47$&/+0!$&'(%&/*(+08)!*%*+  ,&-%. %&/%&*(+0 12  10$3$&%425 " being predominantly a dispute which has its ramifications of a civil nature and as to the act in submission of these documents cognizance by the Court in terms of Section 193/340 Cr.P.C. is quite distinguishable from the present case and since the complainant has entered into the compromise with the present petitioners and therefore, FIR No.202 dated 19.09.2011 registered at Police Station Navi Baradari, Jalandhar under Sections 420/465/467/468/471/1209B IPC and all proceedings arising thereof against the present petitioners only stands quashed. The petition stands disposed off accordingly.





However, nothing stated in this order shall have any bearing on the powers of the Court to proceed against any act of the parties in respect of the offences pertaining to Sections 193/340 IPC. The trial Court shall proceed ahead against other accused as per law.  !
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