Rawel Singh And ORS v. State Of Punjab And ORS

Crl. Misc. No. M-9538 of 2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-9538 of 2015 Date of decision : 01.10.2015 Rawel Singh & Ors.

...... Petitioners versus State of Punjab and Ors ... Respondents CORAM:- HON'BLE MRS. JUSTICE ANITA CHAUDHRY Present: Mr. Deepak Aggarwal, Advocate for Mr. Veneet Sharma, Advocate for the petitioners.

Mr. K.S. Aulakh, AAG Punjab.

Mr. Sandeep Sharma, Advocate for respondent nos.2 to 4 ___ ANITA CHAUDHRY, J.

The petitioners are seeking quashing of FIR No. 126 dated 10.09.2006, registered under Sections 419, 420, 465, 467, 468, 471 read with Section 120-B IPC, Police Station Sultanwind District Amritsar and the consequent proceedings taken therein on the basis of compromise (Annexure P-2) arrived at between the parties.

The FIR was got registered by respondents No.2 to 4 on the allegations that petitioner Rawel Singh forged power of attorney and sold their plot to Sukhdev Singh in connivance with other accused.

Report has been received from the trial court after recording statements of the parties on compromise. The Court below has reported that compromise is voluntary and without any JITEN SHARMA 2015.10.05 14:29 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-9538 of 2015  pressure or coercion. Trial Court has also sent copy of statements of parties recorded by it. As per report, five persons were arrayed in the FIR as accused, out of which Inderjit Singh was kept in column No.2 in the challan.

Learned State counsel has pointed out that challan was filed against four accused and petitioner No.2 Gurcharan Singh @ Gianni son of Rawel Singh was neither named in the FIR nor was wanted in the case. He further submits that respondents No.2 to 4 are the only aggrieved persons in the FIR. No useful purpose would be served to keep the FIR pending.

In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR(Crl.) 1052, approved by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab & Ors. 2012(10) SCC 303, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted therein are quashed qua petitioners No.1 and 3 to 5.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.

October 01,2015 (ANITA CHAUDHRY) Jiten JUDGE JITEN SHARMA 2015.10.05 14:29 I attest to the accuracy and authenticity of this document High Court Chandigarh