Quashed

Pushpa Devi and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC10 Sept 2013CRM-M/17151/2013

Case brief

AI extract

What is this about?

The Single Judge quashed an FIR regarding cheating and forgery related to land sale disputes after confirming a valid compromise between the complaining landlord and the accused petitioners, citing Supreme Court precedents on terminating prolonged litigation.

What did the court decide?

FIR No. 124 dated 19.04.2013 and all consequential proceedings qua petitioners were quashed.

Pushpa Devi and Ors. Vs State of Haryana and Ors. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-17151 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No. M-17151 of 2013 (O&M) Date of decision : 10.09.2013

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Pushpa Devi and others

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....Petitioners

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versus

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State of Haryana and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. Rajesh Lamba, Advocate for the petitioners

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Mr. Shivendra Swaroop, AAG, Haryana Ms. Vandan Sharma, Advocate for respondent No. 2 to 5.

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RITU BAHRI , J. (Oral)

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Quashing of FIR No. 124 dated 19.04.2013 under Sections 419/420/467/468/471/120-B IPC, registered at Police Station Surajkund, Distt.

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Faridabad is sought on the basis of affidavits of respondent Nos. 2 to 5 (Annexure P2 colly)

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F.I.R has been registered at the instance of respondent No. 2 to 5 on the allegations that Geeta Devi-respondent No. 2 is the owner in possession of the land in Mangar area Tehsil and Distt. Faridabad of Gairmumkin Pahar in Khewat No. 47 area 6266 bigha, 1 biswa and out of 561 bigha 9 biswa, out of that 02 acre i.e 10 bigha (10080 sq yards) vide vasika No. 7860 dated 21.08.1981 registered at o/o Sub

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Arora Gaurav Registrate Ballabgarh. Hardayal Singh by forged power of attorney with the help of2013.09.28 11:32 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-17151 of 2013 (O&M)

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Sohabnir Singh and Chaman Lal sold the above land to accused No. 4-P.K. Bansal vide sale deed No. 3986 dated 15.06.2005, the above mentioned of 02 acres i.e 10 bigha katcha (10080 sq yards). Thereafter, accused No. 4-P.K. Bansal sold it further to accused No. 5 Pushpa Devi who further sold it to accused No. 6-Jaspal Singh and who sold it accused No. 7-Neeraj Kumar Singhal vide two sale deeds. In the above background, F.I.R was registered against petitioners.

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Now the matter has been resolved between the parties vide affidavits of respondent Nos. 2 to 5.

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In compliance of order dated 22.05.2013, the parties got recorded their statements. Report of Chief Judicial Magistrate, Faridabad has been received in this regard. As per report, complainant-Geeta Devi along with her sons Mahender Kumar Rajgaria and Narender Kumar Rajgaria and grandson Ankur Rajgaria, appeared and stated that t5hey have lodged the above stated F.I.R and now a compromise has been effected with the accused persons with the intervention of respectables of the family. The compromise has also been reduced into writing without any fear, pressure or coercion. Now they have no objection if the accused persons are discharged from the present case. Joint Statement of the accused-petitioners Pushpa Devi, Jaspal Singh and Neeraj Singhal is also to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine.

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Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 , the law laid down by the Full Bench of this

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Arora Gaurav 2013.09.28 11:32 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-17151 of 2013 (O&M)

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Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another

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2007(3) RCR (Crl.) 1052 , no useful purpose would be served in prolonging the litigation.

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Accordingly, FIR No. 124 dated 19.04.2013 under Sections 419/420/467/468/471/120-B IPC, registered at Police Station Surajkund, Distt. Faridabad is quashed with all consequential proceedings arising therefrom qua petitioners.

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The petition stands disposed of.

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10.09.2013

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G.Arora

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(RITU BAHRI) JUDGE

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Arora Gaurav 2013.09.28 11:32 I attest to the accuracy and integrity of this document

Pushpa Devi and Ors. v. State of Haryana and Ors.

Case brief

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Pushpa Devi and Ors. v. State of Haryana and Ors.

Case brief

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