[CASE NUMBER] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of decision: 12.08.2013 [ENTITY] & others Petitioners Versus [ENTITY] & another Respondents CORAM : HON'BLE MS JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the petitioners. Mr. [ENTITY], AAG, Punjab. Mr. [ENTITY], Advocate, for respondent No.2. [ENTITY], J.
Quashing of FIR No. 92 dated 17.03.2006, under [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and [SECTION] of [ACT], registered at Police Station, Jagraon, District Ludhiana (Annexure P-1), is sought on the basis of compromise dated 01.03.2013 (Annexure P3).
The F.I.R was registered on the basis of complaint made by [ENTITY]-complainant (since deceased), alleging therein that marriage of his daughter [ENTITY] was solemnized with [ENTITY] about 8 years ago. One girl child was born out of this wed-lock and, who is residing with his daughter in Canada. His son-in-law [ENTITY] had died on 26.08.2003 when he was in India. It is alleged that after the death of his son- in-law [ENTITY], [ENTITY]-petitioner No.1, in connivance with his sons [ENTITY], [ENTITY] and [ENTITY], had stolen all the articles belonging to his daughter, when she was in Canada. An application for theft was moved at Police Station, Sadar Jagraon. Thereafter, a Panchayati compromise was effected between the parties on 10.10.2003. Thereafter, aforesaid [ENTITY], in connivance with his sons, forged a Will dated 11.05.2003, alleged to have been executed by [ENTITY]. However, the said Will was declined by the Collector, Jagraon. The mutation of the property of [ENTITY] has also been sanctioned in the name of [ENTITY] and his daughter [ENTITY] in the revenue record. Thereafter, [ENTITY] with an intention to destroy the property of [ENTITY] (daughter of the complainant) and [ENTITY], prepared a duplicate passport No.E- 0807236 by affixing her photograph, on which the name of his daughter was mentioned as [ENTITY]. In this background, the FIR was got registered with the apprehension that with the fake passport and forged Will dated 11.05.2003, the aforesaid [ENTITY] and his sons would cause harm to his daughter [ENTITY].
During the pendency of the trial, the complainant-[ENTITY] had expired on 06.01.2011. Thereafter, with the intervention of the respectable and elders, his son [ENTITY]-respondent No.2 has entered into a compromise with the petitioners, vide compromise deed dated 01.03.2013 (Annexure P3).
In compliance with the order dated 01.05.2013 passed by this Court, the parties got recorded their statements before the trial Court. Report from the Judicial Magistrate Ist Class, Jagraon, has been received in this regard. As per report, [ENTITY]-son of complainant-[ENTITY] made his statement on 08.07.2013 to the effect that his father had died on 06.01.2011 and he being his legal heir, has now entered into a compromise with all the accused-petitioners. The compromise has been effected between them without any fear or pressure and he has no objection if the FIR is quashed. Statements of [ENTITY], [ENTITY] and [ENTITY]-petitioners have also been recorded to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine one.
Consequently, in view of the status report and the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. [ENTITY] 2008(2) RCR (Criminal) 429, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. [ENTITY] and another 2007(3) RCR (Crl.) 1052, this Court is of the view that no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 92 dated 17.03.2006, under [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and [SECTION] of the [ACT], registered at Police Station Jagraon, District Ludhiana, is quashed with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of accordingly.
([ENTITY]) August 12, 2013 JUDGE ajp