DILBAG SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2014-5-172
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 28,2014

DILBAG SINGH Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

Inderjit Singh, J. - (1.) THIS petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No. 68 dated 6.5.2012 (Annexure -P. 1) registered for the offences under Sections 420, 465, 468, 471 and 120B IPC at Police Station Goindwal Sahib, District Tarn Taran qua the petitioner and all subsequent proceedings arising therefrom in view of the compromise dated 28.1.2014 (Annexure -P. 2).
(2.) THE FIR has been registered on the statement of complainant -Balbir Kaur against Sukhwinder Singh and Dilbag Singh on the allegations that the accused wanted to embezzle their land/property by preparing fake 'Will' of her deceased husband Piara Singh. She stated that during his life time, her husband had not executed any Will in favour of anybody. But the accused have played fraud by preparing fake Will as they wanted to embezzle their land/property. Inquiry was conducted and during inquiry the name of the petitioner came and present FIR was registered against Sukhwinder Singh and Dilbag Singh (petitioner). Both the parties are residing in the same area. Now with the intervention of respectables of the locality, they have settled their dispute and wanted to reside peacefully as good citizens and now they have compromised the matter. Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Tarn Taran for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate has sent her report dated 15.5.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Balbir Kaur has stated that the matter has been compromised voluntarily, which is without any undue pressure and she has no objection if the FIR in question is quashed.
(3.) ON 26.5.2014, Mr. Vikas Gupta, Advocate also appeared on behalf of respondent No. 2 and filed his 'Vakalatnama' in the Court. He stated that as per his instructions Balbir Kaur has not given a statement before the trial Court regarding compromise whereas the other counsel i.e. Mr. D.S. Sidhu, Advocate stated that compromise has been effected. They were directed to produce Balbir Kaur -respondent No. 2 in the Court.;


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