Crl. Misc.No.M-24374 of 2010(O&M) # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M-24374 of 2010(O&M) Date of Decision:-25.11.2010 Balwinder Singh & Ors. ......Petitioners. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Atul Lakhanpal, Senior Advocate with Mr. Rajwant Singh Chahal, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. Mr. Raman Walia, Advocate for the Respondent no.2 *** JASWANT SINGH, J (ORAL) Prayer is under Section 482 Cr.PC for quashing of case bearing FIR No.103 dated 15.5.2006 under Sections 420, 506, 120-B Indian Penal Code registered with Police Station Jandiala, District Majitha and further proceedings taken thereon on the basis of compromise in the shape of affidavit dated 21.4.2010(Annexure P-2). As per allegations petitioners were owners of land measuring 13774 square yards situated in the area of Sultanwind Sub Urban, G.T. Road, Amritsar-I, District Amritsar. They are alleged to have executed one Crl. Misc.No.M-24374 of 2010(O&M) # 2# agreement to sell dated 9.11.2004 in favour of M/s Satnam Overseas Exports Limited, G-39, Greater Kailash New Delhi through its authorised partner Sh. Jugal Kishore for a total sale consideration of Rs.5.89 crores. A sum of Rs.1.10 crore was paid as earnest money to the petitioner and it was agreed that the sale deed would be executed before 31.12.2005. Since the petitioners-vendors did not present themselves before the Sub Registrar on the appointed day and the sale deed was not executed resulting into the filing of a suit for possession and specific performance by M/s Satnam Overseas Exports Ltd., through its partner Jugal Kishore. It appears that that for non return of money and that part of the land in dispute was sold to some other person, present FIR No.103 dated 15.5.2006 under Sections 420, 506, 120-B Indian Penal Code Police Station Jandiala, District Majitha was lodged through special power of attorney holder of M/s Satnam Overseas Exports Ltd., namely Sh. Sanjay Khanna (complainant). The present petition under Section 482 Cr.PC was filed by the petitioner accused for quashing of aforesaid FIR in view of the compromise effected with the said complainant Sanjay Khanna-respondent no.2. While issuing notice of motion this court had permitted the parties to appear before the learned trial court/Illaqa Magistrate to get their statements recorded in terms of compromise. Report dated 14.10.2010(Mark-A) has been received wherein it has been stated that the compromise effected with the complainant does not appear to be genuine. Since Jugal Kishore, partner had got recorded his statement to the effect that Sh. Sanjay Khanna ceases to be the Special Power of Attorney as the SPA dated 4.5.2006 stands cancelled. Crl. Misc.No.M-24374 of 2010(O&M) # 3# Criminal Misc.No.58941 of 2010 has also been moved by the said Jugal Kishore for being impleading him as respondent in the present petition. Notice of this application was also issued to the non-applicants. In view of such developments, learned counsel for the petitioner states that he does not wish to press this petition, therefore, prays that the same be dismissed as not pressed. Dismissed as not pressed. ( JASWANT SINGH ) JUDGE 25th November, 2010 Vinay