ISHWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Phoola Respondent No. 2 filed a complaint against the petitioners for offences under Sections 420,467,468,471 and 120-B of the Indian Penal Code on the allegations that petitioners No-. 1 to 3 who were the sons of her brother filed a civil suit about some land against her and her brother Ram Chander petitioner No. 4. They wanted to obtain a consent decree against her. They produced Ms. Raj Bala petitioner No. 5 who impersonated herself as Phoola and filed a written statement and vakalatnama in court through Narinder Ramni her counsel. She also made a statement in court representing herself as Phoola in the presence of other petitioners and everything was done by all the petitioners in order to cause injury and loss to her by depriving her of valuable property. This complaint was sent by Judicial Magistrate, Panipat to Police Station Panipat for registration of the case under Section 156(3) CrPC. After investigation of the case challan was presented in court and Chief Judicial Magistrate, Panipat charged the petitioners for offences under Section 420, 467, 468 and 120-B of the Indian Penal Code. The petitioners filed the present petition under Section 482 of the Code of Criminal Procedure for quashing the First Information Report No. 199 dated 23.2.1991 registered on the basis of the complaint Annexure P-1 and summoning order charge-sheet dated 30.1.1992.

(2.) THE parties who are close relatives have effected compromise and an application was filed by the petitioners for grant of sanction to effect the compromise. Compromise deed was also placed on record. The parties appeared in court and admitted the factum of compromise. In the compromise deed Phoola respondent No. 2 has stated that a family settlement had been effected between the parties amicably as the parties were closely related and she had no grievance against her brother Ram Chander and his sons. She did not want to pursue the case registered against the petitioners at her instance.

(3.) AS a result I allow this petition and quash First Information Report No. 199 dated 23.2.1991 registered at Police Station City Panipat on the basis complaint Annexure P-1 as well as chargesheet Annexure P3 and all subsequent proceedings. Petition allowed.