BRIJ MOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr.PC, filed by the accused-petitioners, seeking quashment of FIR 176 dated 10.12.1997 under Sections 419/465/467/468/420/471/120B, IPC, registered in Police Station, West-8, Jalandhar, on the basis of compromise.

(2.) THE aforesaid FIR was registered on the complaint submitted by Satish Kumar Dhiman to the SSP, Jalandhar, in which it was alleged that a forged and fabricated agreement to sell was made the basis for the notice dated 2.12.1997, served by accused-petitioner, Kulbhushan, calling upon the complainant to pay Rs. 5.00 lacs. It was alleged that as per the said notice, the said agreement to sell dated 20.4.1997 was executed by the complainant. It was alleged that infact the complainant had not executed any agreement dated 20.4.1997 in favour of accused-petitioner, Kulbhushan, and that Rakesh Kumar Marwaha and Brij Kumar Marwaha, accused had joined hands with said Kulbhushan and had conspired to harass the complainant and had forged the agreement to sell dated 20.4.1997. It was alleged that the complainant had neither executed the said agreement nor received any amount nor issued any receipt and that infact, he had nothing to do with said Kulbhushan and the complainant had never negotiated for the sale of the property, in question. It was further alleged that the accused-persons were liable to be prosecuted for the offences of cheating, fraud, impersonation, forgery etc.

(3.) I have heard learned counsel for the petitioners and gone through the record carefully.