HAKIM KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the instant petition and prayed for quashing of proceedings against him under Crime No. 876/2005 for offence punishable under Sections 420, 467 and 468 of the IPC registered at P.S. Durg on the complaint of respondent No. 5.

(2.) Learned Counsel for the petitioner submitted that the aforesaid offence was registered on the complaint of respondent No. 5 dated 12-9-2005 wherein he had alleged that he purchased the disputed land from one Balbir Singh for a consideration of Rs. 80,000.00 vide registered sale deed of Annexure-P/9. The petitioner signed the above sale deed as witness, thereafter the same land was again sold by the petitioner as power of attorney holder of one Smt. Manjeet Kaur to one Chhabilal Gajendra for a consideration of Rs. 34,000.00 on 15th September, 2004 (Annexure-P/4). The report was lodged on the basis of demarcation report submitted by the Revenue Inspector (Annexure-P/7). However, subsequently, the petitioner applied for demarcation before the Additional Collector and on the order of the Additional Collector, the land described in the sale deed of AnnexureP/4 as well as the land described in the sale deed of Annexure-P/9 were demarcated on 16/17-12-2008. The Assistant Superintendent Land Record, in his demarcation report, has mentioned that the lands sold through both the sale deeds are entirely different. The complainant/respondent No. 5 has already obtained possession of the purchased land. In view of the subsequent demarcation of the land in dispute, the petitioner and the complainant have entered into a compromise and executed a compromise deed on 28th August, 2008. The complainant has also sworn affidavit of Anenxure-P/13 in support of compromise deed.

(3.) The complainant and the petitioner are present in person. Shri N.R. Jaiswal stated before this Court that he has signed the compromise deed of his own free volition without any undue influence or pressure. He has already obtained possession of the land purchased by him through sale deed of Annexure-P/9.