JAI SINGH Vs. STATE OF MADHYA PRADESH STATION

JUDGEMENT

(1.) The petitioner has filed present petition under sec. 482 of Cr.P.C for quashment of FIR registered at Crime no. 217/2013 at police station - Rajendra Nagar, Indore for the offence under Sec. 420, 447, 448, 465, 467, 468, 471, 478, 294, 506, 120-B of Indian Penal Code, 1860 ( in short "IPC".) and also consequent proceedings in Sessions Trial no. 14/2014 pending before the 25th Additional Sessions Judge, Indore

(2.) Facts of the case in brief are that complainant / respondent Haidar entered into an agreement to sale with the petitioners/ accused persons for sale of plot no. 150 situated at ward no. 1, Rau, District - Indore for consideration of Rs.82, 85,200.00 and at the time of agreement, he had been paid Rs.1,00,000.00 as an advance and it was settled that amount of Rs.19,71,300.00 was decided to be paid within 15 days from the agreement and rest of the amount would be paid at the time of execution of registered sale deed, but the petitioner did not pay the agreed amount to the complainant and also prepared forged signature of the complainant on Kabuliyat Lekh (confessional agreement). He also prepared forged acknowledgment of amount of Rs.19,71,300.00. Thereafter, the complainant made complaint against the petitioners at police station - Rajendra Nagar, Indore, but the police did not take any action against the petitioners, then the complainant / respondent filed an application under sec. 153(3) of Cr.P.C before the JMFC, Indore directing the police station - Rajendra Nagar, Indore to register complaint against the petitioners. After registration of FIR, the trial Court registered the case under Sec. 420, 447, 448, 465, 467, 468, 471, 478, 294, 506, 120-B of IPC. Thereafter, the matter was committed to Sessions vide order dtd. 30/12/2013.

(3.) Subsequently, on the basis of the amicable settlement arrived at between the petitioner and the complainant, a joint compromise petition under Sec. 320(2) of Cr.P.C. was filed before this Court. On verification, Principal Registrar has certified that both the parties haveentered into a compromise without any threat, inducement and coercion from either side and they have voluntarily entered into compromise.