- (1.) By this common order, the above four petitions i.e Crl. Misc. No. M-42561 of 2013 and Crl. Misc. No. M-10320 & 10327 & 2215 of 2014, shall be decided together wherein prayer is for quashing of FIR No. 104 dated 15.06.2011 under Sections 420/467/468/471/120-B IPC, registered at Police Station Dakha, cross case i.e Complaint No. 178-2 dated 11.02.2005 under Section 138 of Negotiable Instruments Act read with Section 120 IPC , complaint No. 177-2 dated 11.02.2005 under Section 138 of Negotiable Instruments Act read with Section 120 IPC, Complaint No. 128 dated 08.08.2008 under Sections 420/465/467/468/471/506/120-B IPC and subsequent proceedings arising therefrom on the basis of compromise dated 29.10.2013. F.I.R and complaints under the above said Sections were got registered by the parties herein against each other. F.I.R was registered on the statement of respondent No. 2- Harjinder Singh Grewal and complaints was got registered on the statement of respondent No. 2-Harchand Singh.
(2.) The allegations in the F.I.R against the petitioners is that they had approached respondent No. 2 and represented that they are owners of land measuring 35K-16 1/2M comprised of Khewat No. 73/86 Khasra No. 22/15-16-17/2-18/1-18/3-19/2-20- 21/2-22/1-23/2-24-25 as entered in Jamabandi for the year 1999- 2000 situated at village Birmi, Tehsil and District Ludhiana. They further told the complainant that the land is free from all bars and that accused Nos. 1 and 2 have not executed any agreement of sale of said land with any other person. The complainant agreed to purchase the land of accused at the rate of Rs.13 lacs per killa and total amount of land was in the sum of Rs.55,21,562/-. A written agreement was executed between the parties on 16.06.2004 and same was signed by accused Nos. 1 to 3 as sellers and accused No. 2 as witness. A sum of Rs.5 lacs was paid by the complainant to the accused in cash and three post dated cheques were also given for an amount of Rs.33,81,041/- i.e cheque dated 4.7.2004 for Rs.11,27,000/- cheque dated 24.7.2004 for Rs.11,27,000/- and the remaining sale consideration was agreed to be paid lateron. After the said agreement of sale on 25.07.2004, another sum of Rs.1 lac more was paid by the complainant to the accused. Accused agreed not to present the said three cheques in the bank. Complainant has paid a sum of Rs.22 lacs to the accused as earnest money excluding the amount subject matter of the said three cheques. But the complainant came to know that accused No. 1 Harchand Singh had already executed an agreement of sale on 29.04.2003 in respect of same land with one Trishan Singh. The said Trishan Singh also filed a suit for possession by way of specific performance against accused No. 1, which is pending in the Court. Hence, the present F.I.R.
(3.) Thereafter, three different above said complaints have been filed by Harchand Singh against Harjinder Singh Grewal & others with regard to agreement to dell dated 16.06.2004. During the pendency, the matter has been compromised due to intervention of respectable of the area, vide compromise deed dated dated 29.10.2013. Affidavits of the complainant/respondents and petitioners to this effect have been filed in the petition along with their identity cards.;