- (1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure on behalf of petitioners, namely, Taranjit Singh and Sukhdev Singh for quashing of F.I.R. No.141 dated 09.06.2005 under Sections 420, 406, 467, 468, 471 and 120-B IPC registered at Police Station Sirhind, District Fatehgarh Sahib and all the subsequent proceedings arising therefrom on the basis of compromise arrived at between the parties on the ground that petitioner No.1 used to sell his crop through respondent No.2 and after selling the crop, petitioner No.1 used to take the advance money for the next crop. It is also the allegation against the petitioner that one forged clearance receipt of the Company was also prepared. During pendency of the proceedings, the compromise has been effected between the parties with the intervention of common persons of both the parties.
(2.) Vide Order dated 26.04.2012, the parties were directed to appear before the Illaqa Magistrate for recording their statements with regard to compromise and the Illaqa Magistrate was directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner and was further directed to send its report with regard to validity or otherwise of the compromise effected between the parties.
(3.) In response to the directions issued vide Order dated 26.04.2012, a report in this regard has been sent along with the statements of the parties. It has been mentioned in the report that the petitioners as well as complainant appeared before the trial Court and their statements were recorded wherein the factum of compromise has been affirmed. It has also been mentioned that the statements of the parties have been duly counter signed by their counsel and the statements were not the result of any pressure or coercion in any manner from either side. Complainant-Kala Singh, Ashok Kumar and Rajni Sharma who are the partners of Gobind Traders have also made their statements. It has also mentioned therein that they have received an amount of Rs.3 lacs from the accused persons and the dispute has been settled with them. Separate statements have been preferred by the accused persons. Complainant and other persons have specifically stated in their statements that they have no objection in quashing of the FIR. Learned State counsel, on instructions from HC Amrik Singh submits that neither any case is pending against the parties nor any P.O proceedings are pending.;