HARJANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for setting aside the judgment dtd. 19/2/2016, passed by the Judicial Magistrate Ist Class, Ajnala, District Amritsar and all subsequent proceedings arising therefrom on the basis of compromise dtd. 24/8/2016 (Annexure P-2) having been arrived at between the parties.

(2.) It has been averred in the petition that there was a civil dispute between the parties as a result of which respondent No.2 filed a private complaint under Sec. 420 IPC against the present petitioner. It was alleged that the petitioner had fraudulently obtained a decree in his favour in a civil suit wherein he had described his father Natha Singh as having expired whereas actually Natha Singh had expired subsequently on 8/6/2007 and even executed a registered Will on 11/5/2007. The matter was reported to the police but no action was taken. In the complaint, preliminary evidence was led on the basis of which the present petitioner was summoned. After examination of three witnesses in the pre-charge evidence and tendering into evidence certain documents, charges were framed against the petitioner under Sec. 420 IPC on 7/11/2015. Thereafter, three witnesses examined in the pre-charge evidence were recalled for cross-examination. After considering the matter, the trial Court vide judgment dtd. 19/2/2016, convicted and sentenced the petitioner-accused to undergo rigorous imprisonment for a period of 03 years alongwith a fine of Rs.2,000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of 30 days under Sec. 420 IPC. An appeal was filed challenging the aforesaid judgment of conviction and order of sentence which is stated to be pending.

(3.) During the pendency of the appeal, a compromise was arrived at between the parties on 24/8/2016 and the same is on record as Annexure P- 2. On the basis of this compromise, the present petition was filed.