IN THE COURT OF PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH [CASE NUMBER] Date of Decision: 2.8.2013 [ENTITY] & Anr. Petitioners Versus [ENTITY] & Anr. Respondents
CORAM: HON'BLE MS. JUSTICE [ENTITY] Present:- Mr. [ENTITY], Advocate, for the petitioner.
Mr. [ENTITY], AAG, Punjab.
[ENTITY], J Quashing of FIR No.267 dated 19.8.2009 under [SECTION] [ACT]( [SECTION] [ACT] added later on), registered at Police Jodhewal, Ludhiana (Annexure P1) is being sought on the basis of compromise dated 22.4.2013 (Annexure P-2).
The FIR was registered on the statement made by complainant- [ENTITY] with the allegation that both the petitioners connived with each other and entered into agreement to seel with her for one plot measuring 50 sq. yards situated in mohalla Preet Nagar near Ekta Colony, Ludhiana, for total consideration of Rs.1,63,000/- and received a sum of Rs.63,000/- as advance, but later on they did not get register the said plot in her name and also refused to return her money. They cheated her by receiving Rs.63,000/- in the pretext of selling the said plot to her.
During the pendency of trial, a compromise has been effected between the parties on 22.4.2013 (Annexure P-2).
In compliance of the order dated 26.4.2013, status report dated 16.5.2013 has been filed by Civil Judge(Jr. Div.)-cum-Judicial Magistrate, Ist Class, Ludhiana. As per this report, statements of the parties have been recorded to the effect that they have compromised the matter and the compromise is placed on record as Annexure P-2. The complainant also stated that he has no objection if the FIR in the present case is quashed.
In view of the statements of the parties, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings.
Consequently, in view of the above circumstances and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. [ENTITY] 2008(4) S.C.C. 582 and 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, FIR No.267 dated 19.8.2009 under [SECTION] [ACT] ([SECTION] [ACT] added later on), registered at Police Jodhewal, Ludhiana (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioners.
Petition is disposed of.
( [ENTITY] ) JUDGE 02.08.2013 monika