Punjab-Haryana High Court
Chander Mohan Kapoor And Others vs State Of Punjab And Another on 11 February, 2013
Author: Ranjit Singh
Bench: Ranjit Singh
Crl.Misc. No.M-14809 of 2012 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl.Misc. No.M-14809 of 2012 (O&M)
Date of Decision: February 11, 2013
Chander Mohan Kapoor and others
..... PETITIONERS
VERSUS
State of Punjab and another
..... RESPONDENTS
AND
Crl.Misc. No.M-18777 of 2012 (O&M)
Bharat Bhushan Singhnia
..... PETITIONER
VERSUS
State of Punjab and another
..... RESPONDENTS
. . .
CORAM: HON'BLE MR. JUSTICE RANJIT SINGH
. . .
PRESENT: - Mr.Rahul Bhag, Advocate and
Mr.J.S.Sandhu, Advocate
for the petitioners.
Mr.Deepak Balyan, Additional Advocate General,
Punjab.
Mr.Maninder Dalal, Advocate
for the complainant.
. . .
RANJIT SINGH, J (Oral)
This order shall dispose of Criminal Misc.No.M-14809 of 2012 (O&M) (Chander Mohan Kapoor and others Vs. State of Punjab Crl.Misc. No.M-14809 of 2012 (O&M) 2 and another) and Crl.Misc.No.M-18777 of 2012 (O&M) (Bharat Bhushan Singhnia Vs. State of Punjab and another).
Crl.Misc.No.M-18777 of 2012 has been filed by the tenants of the shops and the complainant has also entered into a compromise with the said tenants.
Prayer in the present petitions is for quashing of FIR No.320 dated 20.12.2009, under Sections 454,420,467,468,471 and 120-B of the Indian Penal Code, registered against the petitioners at Police Station Division No.5, Civil Lines, Ludhiana. Prayer is also for quashing the subsequent proceedings on the basis of compromise.
The impugned FIR was lodged at the instance of Harbhajan Singh son of Sh. Beant Singh through his attorney Varinder Kumar. The complainant claimed himself to be the owner of two buildings situated at Sat Paul Mittal Road, Sarabha Nagar, Ludhiana on the basis of two separate sale deeds. Harbhajan Singh statedly purchased a property of 250 sq. yards plot from one Dhian Singh on 14.03.1963 whereas he purchased another plot measuring 650 sq. yards from Mohinder Singh on 27.05.1963. The total area so purchased by the complainant was acquired by Ludhiana Improvement Trust. On request made by the complainant, Trust has exempted area measuring 877 sq. yards from the aforesaid land total measuring 900 sq. yards. In regard to remaining 23 sq. yards, the Improvement Trust executed a sale deed in favour of Harbhajan Singh. As per the allegations, forged and fabricated power of attorney dated 15.09.1976 alleged to have been executed by Harbhajan Singh in favour of Crl.Misc. No.M-14809 of 2012 (O&M) 3 Sukhminder Singh was made and later the land measuring 250 sq. yards land was sold in favour of Joginder Singh. Through another sale deed, another land measuring 250 sq. yards land was sold to the co-accused Amrik Singh on the basis of General Power of Attorney. The petitioners claim that they have been implicated in this FIR on the ground that they have been inducted as tenants in different shops. During the pendency of these proceedings, parties have entered into a compromise and on the basis thereof, Crl.Misc.No.M-34159 of 2010 was also filed. Now, complainant-respondent No.2 has entered into the compromise with petitioner No.3 as well and copy of this compromise is attached. The Crl. Misc. Petition filed seeking quashing on the basis of compromise was, accordingly, withdrawn and the present Crl. Misc. petitions for quashing on the basis of compromise are now filed.
When the case came up for hearing before this Court on 10.12.2012, counsel for the parties had prayed for time to satisfy this Court that the terms and conditions have been complied with as Amrik Singh and others had got the property in dispute wrongly transferred in their name. The status of the ownership of the property was to be intimated to this Court.
Counsel for the parties confirm that the property has now been transferred in the name of complainant Harbhajan Singh. The parties have also admitted before the Judicial Magistrate, Ist Class, Ludhiana. The statements of the petitioner Chander Mohan Kapoor, Bonny @ Pawandeep Singh and Manjit Singh and that of the attorney holder of Harbhajan Singh have been recorded. The complainant and attorney of Harbhajan Singh has stated that he has entered into this compromise with his free will and Crl.Misc. No.M-14809 of 2012 (O&M) 4 without any pressure or under influence. The trial Court has, accordingly, recorded that the compromise reached between the parties is voluntarily and without any pressure and coercion and thus is genuine.
Since the property dispute has been amicably resolved, no useful purpose now would be served in allowing this prosecution to continue. The trial would be an exercise in futility as the complainant now is not likely to support the prosecution case once he has got his property back. The trial, if permitted, would only be a waste of time of the Court. In view of the law laid down by Hon'ble the Supreme Court in Kulwinder Singh and others Vs. State of Punjab and others, 2007(3) RCR (Crl.) 1052, the present petitions for quashing of the criminal proceedings on the basis of such compromise when the parties have resolved their disputes and differences are allowed. Resultantly, FIR No.320 dated 20.12.2009, under Sections 454,420,467,468,471 and 120-B of the Indian Penal Code, registered at Police Station Division No.5, Civil Lines, Ludhiana and all subsequent proceedings arising therefrom are hereby quashed.
( RANJIT SINGH )
February 11, 2013 Judge
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