LAWS(P&H)-1993-12-103

NIRMAL SINGH Vs. STATE OF HARYANA

Decided On December 23, 1993
NIRMAL SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) DHAN Kaur respondent No. 2 inherited land, on the death of her father, along with her brothers. The land was situated in village Raghuwana. In order to grab that land the petitioners hatched a conspiracy and three fictitious sale-deeds were executed in favour of the petitioners by some person who represented himself as an attorney of Dhan Kaur. When Dhan Kaur learnt about the execution of these fictitious sale- deeds, she got a case registered at Police Station, City, Sirsa, through her son Karam Singh, respondent No. 3, against the petitioners for offence under Sections 406, 420, 468, 471 and 120-B I.P.C. She also filed civil suits for declaration that she was the owner of the land in question and the sale-deeds executed in favour of Nirmal Singh, Mukhtiar Singh etc. were illegal, null and void and inoperative against her rights.

(2.) NIRMAL Singh and other petitioners invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the first information report No. 377 dated 1.9.1991 Annexure P/1 and subsequent proceedings arising therefrom.

(3.) AFFIDAVIT of Dhan Kaur has been placed on record whereby she affirmed that her son Karam Singh had lodged the impugned first information report in respect of sales which were also subject matter of the civil suits. She had effected compromise with the petitioners in respect of those sales and had withdrawn the suits. She had also admitted that the petitioners were in possession of the suit land. She was, therefore, no longer interested in the prosecution of the petitioners. She, prayed that first information report may be quashed as that will be in the interest of justice.