CRM No. M 7633 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 7633 of 2010 (O&M) Date of decision: 10.11.2010 Amrik Singh and others ........ Petitioners Versus State of Punjab and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. APS Doel, Senior Advocate with Mr. V D Goyal, Advocate for the petitioner Mr. P S Paul, DAG, Punjab for the respondent State Mr. Anmol Rattan Sidhu, Sr. advocate with Mr. R K Chugh, Advocate for respondent No. 2 Mr. Sunil Chadha, Advocate for the applicant ( CM 38675 of 2010) -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under section 482 of the Code of Criminal Procedure for quashing of FIR No. 320 dated 20.12.2009 under Section 454, 420, 467, 468, 471, 120-B of Indian Penal Code, registered at Police Station No. 5, Civil Lines, District Ludhiana City, Punjab, on the basis of CRM No. M 7633 of 2010 2 compromise (Annexure P-2) qua the petitioners only. Learned counsel for the complainant has placed on record the affidavit of Harbhajan Singh son of Beant Singh in court today. The same is taken on record. Complainant-Harbhajan Singh is also present Court today. The compromise deed is placed on record as Annexure P2. The said compromise has been entered into between the complainant through his Special Attorney Varinder Kumar and the present petitioners stating therein that with the intervention of respectables, the matter has been compromised with the present petitioners subject to the condition that they shall hand over the actual and physical possession of plot No. 7-A (measuring 450 sq. yards) and portion of plot No. 8-A (measuring 50 sq. yards) situated on the main Malhar Road, Kartar Singh Sarabha Nagar, Ludhiana to the complainant and shall hand over all the keys of all the shops to the counsel for the complainant. Since the said compromise was only between the present petitioners No. 1 to 6, an application bearing No. 38675 of 2010 was filed by Chander Mohan Kapoor and Bonny alias Pawan deep Singh for impleading them as a necessary parties in the present petition on account of the fact that they have been inducted as tenants in different shops who are part of one of the properties i.e. Building No. 7-A Sat Paul Mittal Road, Sarabha Nagar, Ludhiana and the said compromise could not have been entered into without taking them into the confidence or which directly affects the rights of these applicants. Secondly, the FIR should also be quashed qua them in case the matter is being compromised as nothing survives once the compromise has been effected between the main accused CRM No. M 7633 of 2010 3 and the complainant. Thirdly, the complainant cannot seek possession of the property from the petitioners as the possession is with the applicants. Whereas, complainant Harbhajan Singh too has filed his affidavit stating therein that he shall not evict the applicants in CRM 38675 of 2010 from the shop in question except in accordance with law. Affidavits of Chander Mohan Kapoor, Bonny alias Pawandeep Singh and Chaitanya Boobna has also been filed in Court today. The same are taken on record. Copy of the same have also been given to counsel opposite. In the aforesaid affidavit, it is stated that they have no objection in quashing of the present FIR, in case, the complainant furnishes undertaking that complainant shall not evict them from the demised premies except in accordance with law and with further submission that they reserve the right to seek quashing of the FIR on merits in as much as the complainant has already entered into compromise with the main accused. After taking into consideration the affidavits filed in Court by respective parties, learned counsel for the parties are agreed to passing of the following orders:- In view of the above, the present petition is disposed of with the following orders:- i) The matter having been compromised, FIR No. 320 dated 20.12.2009 under Section 454, 420, 467, 468, 471, 120-B of Indian Penal Code, registered at Police Station No. 5, Civil Lines, District Ludhiana City, Punjab is quashed qua the present petitioner only. ii) The applicants in CRM No. 38675 of 2010 shall have the CRM No. M 7633 of 2010 4 liberty to file petition for quashing of the FIR on merits, if so advised. iii) The applicants in CRM No. 38675 of 2010 shall not be evicted by the complainant or on his behalf from the property in dispute except in accordance with the law. Disposed of in the above terms. (Nirmaljit Kaur) Judge November 10, 2010 mohan