Darbara Singh And Another v. State Of Haryana And Another
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision : 02.09.2020 Darbara Singh & anr.
......Petitioners versus State of Haryana and anr.
...Respondents
CORAM:
HON'BLE MS. JUSTICE RITU BAHRI
Present:
Mr. Ashit Malik, Advocate for the petitioners **** RITU BAHRI , J. (Oral) Issue notice of motion.
On asking of the Court, Ms. Sheenu Sura, D.A.G, Haryana and Mr. Sagar Aggarwal, Advocate accepts notice on behalf of the respondentState and respondent No. 2 respectively. Quashing of FIR No. 249 dated 16.05.2020 under Sections 420/467/468/471/120-B IPC, registered at Police Station Pehowa, District Kurukshetra, is being sought on the basis of compromise deed dated 21.08.2020 (Annexure P-2).
The allegations in the F.I.R are that all the accused had colluded and forged an agreement to sell dated 24.12.2018 pertaining to 03 acres and 01 kanal of land, owned by the complainant in favour of petitioner Darbara Singh for a sale consideration of Rs.58 lacs. The complainant alleged that she has not entered into agreement to sell with the petitioner Darbara Singh and she did not obtain even Rs.58 lacs as sale considerationn of the said land. In this background, F.I.R was registered against the petitioners.
However, now with the intervention of respectables, the matter has been duly compromised, on the basis of compromise deed dated 21.08.2020 (Annexure P-2), which is being duly signed by the complainant and the petitioners.
Learned State counsel on instructions from ASI Ram Niwas has informed the Court that no challan has been presented till date and the matter is at the stage of investigation.
Learned counsel appearing for respondent No. 2 admits the contents of compromise effected between the parties on 21.08.2020. Photocopy of the aadhar card of respondent No. 2 is already on record as Annexure P-3, which is not being disputed by learned State counsel. A perusal of the compromise deed dated 21.08.2020 (Annexure P-2) shows that the compromise has been effected voluntarily, without any pressure, coercion and with free will of the parties. The complainant has no objection if the F.I.R be quashed against the petitioners. Keeping in view prevailing COVID-19 situation and the fact that the compromise has been effected between the parties vide compromise deed dated 21.08.2020 (Annexure P-2), whereby they have decided to get the F.I.
R quashed, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of F.I.R in the interest of justice. Consequently, in view of the judgment of the Hon'ble Supreme Court in cases of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 249 dated 16.05.2020 under Sections 420/467/468/471/120-B IPC, registered at Police Station Pehowa, District Kurukshetra is quashed along with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of.
02.09.2020 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No