Manjit Singh and Others vs State of Punjab and Others

Ritu Bahri, J.—Quashing of FIR No. 83 dated 26.5.2010 under Sections 419, 420, 467, 468, 471, 120B IPC registered at Police Station City Moga, District Moga (Annexure P1) is being sought on the basis of compromise dated 4.4.2013 (Annexure P-2). The FIR has been recorded on the statement made by Kashmir Singh alleging that complainants are the owners of the land comprising in Khasra No. 163//5/37, 103 to 110 situated at village Ghal Kalan Tehsil and District Moga. Manjit Singh executed a sale deed in the name of his brother Kuldip Singh, Brij Mohan Singh, Sewak Singh @ Gursewak Singh and Lakha Singh as per mutation No. 9828. The said land was sold by Manjit Singh being attorney of the complainants. The allegation is that this power of attorney dated 21.10.2008 was forged and had never been issued by the complainant Sewak Singh @ Gursewak Singh. Moreover, Brij Mohan and Lakha Singh were not seen anywhere in the photograph taken with Tehsildar executing the power of attorney. It is alleged that all the above said persons in connivance with the Revenue Department had prepared a false and forged General Power of Attorney for the purpose of embezzling the land of the complainants.

After registration of the FIR, challan was presented and during the pendency of the trial a compromise was effected between the parties on 4.4.2013 (Annexure P2).

In compliance of the order dated 31.5.2013, status report dated 19.7.2013 has been filed by the Chief Judicial Magistrate Moga. As per this report, statement of the parties have been recorded to the effect that they have compromised the matter and the compromise deed is placed on record as Ex. C1. The complainant also stated that he has no objection if the FIR in the present case is quashed and that he shall withdraw the civil suit filed in the Court of Civil Judge (Sr. Divn.), Moga. The Statement of Manjeet Singh, Devinder Singh, Jagjit Singh, Taljinder Singh, Harjit Singh, Gurmandeep Singh, Sukhjit Kaur and Lakha Singh has also been recorded to the same effect.

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 Manoj Sharma Vs. State and Others, under Sections 419, 420, 467, 468, 471, 120B IPC registered at Police Station City Moga, District Moga (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioners. Petition is disposed of.