This petition under Section 482 CrPC sought quashing of an FIR and subsequent proceedings on the basis of a compromise affidavit. The respondent-State contended that forgery of official records precluded quashing. The court held that the petition was not pressed and disposed of the matter accordingly without granting relief.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Misc. No.20161 -M of 2011
DATE OF DECISION : SEPTEMBER 5, 2011
RAVINDER SINGH @ BANTI & ORS.
....... PETITIONER(S)
VERSUS
STATE OF PUNJAB & ANR.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Ashok Giri, Advocate, for the petitioner(s). Ms. Rajni Gupta, Addl.AG, Punjab. Mr. GS Gujral, Advocate, for respondent No.2.
AJAI LAMBA, J. (Oral)
1 This petition has been filed under Section 482, Code of Criminal Procedure, praying for quashing of FIR No.214 dated 23.07.2008 under Sections 420, 467, 468, 471, 120-B, Indian Penal Code, Police Station, Kharar, District Mohali (Annexure P-1) and subsequent proceedings, on the basis of compromise/affidavit of respondent No.2-complainant dated 4.6.2011 (Annexure P-2).
2 Learned counsel for the respondent-State, on instructions from ASI Amarjit Singh, and from the contents of the reply, contends that the petitioners forged and fabricated revenue record/Fard Jamabandi.
3 Because official record has been allegedly fabricated,
Criminal Misc. No.20161 -M of 2011
2
it would not be in the interest of justice to quash the FIR and subsequent proceedings. Forgery/fabrication of a document can be proved by witnesses from the department or by way of taking evidence through documents.
4 At this stage, learned counsel for the petitioners contends that let the petition be disposed of as not pressed.
September 5, 2011 ( AJAI LAMBA ) Kang JUDGE
2.Whether the judgment should be reported in the Digest?
3 issues framed by the court
Whether the FIR under sections 420, 467, 468, 471, 120-B IPC alleging forgery should be quashed in view of alleged compromise.
Whether the petition for quashing of proceedings should be allowed despite allegations of forgery of official revenue records.
Whether the petition is maintainable given the compromise affidavit filed.
1 provisions across 1 enactments
RAVINDER SINGH @ BANTI & ORS.
STATE OF PUNJAB
ANR
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
