MANISH BANSAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY way of the instant petition under Section 482 of C.P.C., the petitioner has sought for quashing of the proceedings going on in Criminal Case No. 144/2013 pending before the J.M.F.C., Kharsia, District Raigarh so far as it relates to the present petitioner.

(2.) FACTS leading to the present petition in brief is that the complainants who are the respondents 2 to 5 in the instant petition were the joint owners of the land in question along with their brother Hiralal. It is alleged that the said Hiralal presented a sale deed for registration before the Registrar along with a consent letter which is said to have been signed by the other co -owners i.e. respondents 2 to 5 and on the basis of the said consent letter of respondents 2 -5, the Sale Deed was executed by Hiralal and the same was got registered. The complainants subsequently came to know about the fraud played by their brother Hiralal and therefore they immediately filed a complaint case u/s. 200 of Cr.P.C. against the purchaser, the attesting witnesses to the Sale Deed and the attesting witnesses to the consent letter. The allegation against the present petitioner is that the petitioner is the person who had introduced the purchaser of the said property to the seller i.e. brother of the complainants Hiralal.

(3.) IN due course of time, when the complainants did realize the fact that the present petitioner had in fact no major role to have played in forging the consent letter or in the execution of the Sale Deed except the fact that he had introduced the purchaser to the seller i.e. the brother of the complainants namely Hiralal who had since expired, the complainants and the present petitioner entered into a compromise and decided to compound the offence. Accordingly, they moved an application u/s. 320(2) of Cr.P.C. for compounding the offences before the JMFC, Kharsiya, Raigarh with a prayer that the offence as levelled against the present petitioner having been compromised between the complainants and the present petitioner, the parties may be permitted to compound the offence and the petitioner may be acquitted of all the charges levelled against him.