SANDEEP BHARTI AND ANOTHER Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2014-11-367
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 11,2014

SANDEEP BHARTI AND ANOTHER Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) Prayer in this petition is for quashing of FIR No. 144, dated 16.5.2014 (Annexure P-1), under Sections 120-B and 420, IPC, registered at Police Station, City, Sangrur, and all the consequential proceedings arising therefrom, on the basis of compromise dated 5.8.2014 (Annexure P-2).
(2.) Vide order dated 28.8.2014, the affected parties were directed to appear before the learned Trial Court/Area Magistrate for getting their respective statements recorded with regard to genuineness of the compromise. The said Court was also directed to send its report specifically stating whether the compromise was genuine and also the status/stage of the case.
(3.) In compliance of the above, both the petitioners, namely, Sandeep Bharti and Ashok Kumar as well as respondent Nos. 2 and 3/aggrieved persons, namely, Rajnish Kumar Singla and Vishal Gupta, did appear before learned Chief Judicial Magistrate, Sangrur, and got recorded their respective statements with regard to the compromise. Respondent Nos. 2 and 3 suffered the following statements: Statement of Respondent No. 2-Rajnish Kumar Singla " I have got registered the F.I.R No. 144, dated 16.05.2014 under Sections 420 and 120-B IPC, Police Station, City, Sangrur, against accused Sandeep Bharti and Ashok Kumar. I have compromised the matter voluntarily with accused Sandeep Bharti and Ashok Kumar without any pressure or coercion in the above said F.I.R. The compromise dated 05.08.2014 is correct and genuine. So, I have no objection in quashing the FIR in question against accused Sandeep Bharti and Ashok Kumar." Statement of Respondent No. 3-Vishal Gupta " Rajnish Kumar Singla got registered the F.I.R no. 144 dated 16.05.2014 under Sections 420 and 120-B IPC, Police Station, City Sangrur against accused Sandeep Bharti and Ashok Kumar. He has compromised the matter with accused Sandeep Bharti and Ashok Kumar and he had already given the statement in this regard in the Court. So, I have no objection in quashing the FIR in question against accused Sandeep Bharti and Ashok Kumar as Rajnish Kumar complainant had already effected compromise. Ashok Kumar had filed civil suit against me and Rajnish Kumar Singla regarding sale deed no. 1262 dated 26.06.2006 and same was also compromised. I have already given the statement that I have no objection if sale deed is cancelled. The statement of Ashok Kumar was also recorded in the Civil suit and same will remain binding on both the parties. I have already received my share as mentioned in the sale deed executed in my favour. So, I have no objection in quashing the FIR in question against accused Sandeep Bharti and Ashok Kumar.";


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