Nachattar Singh And ORS v. State Of Punjab And ANR

CRM-M-21116 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-21116 of 2018 Date of decision: 01.08.2018 Nachattar Singh and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sandeep Arora, Advocate for the petitioners.

Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

None for respondent no. 2.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.183 dated 14.10.2014 (Annexure P-1), registered for offences punishable under Sections 419/420/465/467/468/471/120-B of Indian Penal Code (for short 'IPC') at Police Station Navi Baradari, along with all consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2).

As per case of the prosecution, petitioners in connivance with each other have created a forged agreement to sell dated 13.03.2008 regarding property of complainant.

Learned counsel for the petitioners submits that the matter has since been settled vide compromise, copy of which has been placed on file as Annexure P-2.

Learned State counsel has not disputed compromise (Annexure P-2).

Jitender Kumar 2018.08.02 17:48 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-21116 of 2018 -2In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 12.06.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any pressure.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR No.183 dated 14.10.2014 (Annexure P-1) registered at Police Station Navi Baradari, District Jalandhar along with all consequential proceedings arising therefrom, qua petitioners, is quashed. August 01, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jitender Kumar 2018.08.02 17:48 I attest to the accuracy and authenticity of this document High Court, Chandigarh