HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . FIR No.175 dated 10.8.2012 (Annexure P1) under Sections 420,467,468,471,380,506,448,120 -B of the Indian Penal Code, 1860 (for short,'IPC'), was registered at Police Station, Basti Jodhewal, District Ludhiana, on the allegations that on receipt of the complaint, a case has been registered against the petitioners under the above said sections for taking possession of shop of complainant/respondent No.2 by the petitioners illegally. The dispute in question between the parties is of civil nature, according to learned counsel for the petitioners.

(2.) PETITIONERS seek quashing of aforesaid FIR by saying that the matter has been amicably settled between them and the complainant as evidenced by the deed of compromise dated Vide order dated 11.3.2014, the learned trial Court was asked to examine the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The learned trial Magistrate has submitted a report dated 24.3.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.

(3.) FROM the above it is established that the parties to the lis have resolved the inter se dispute amicably and to live in peace and harmony. Reference may be made to a Five -Judges Bench decision of this Court in Kulwinder Singh v. State of Punjab, 2007(3) RCR (Crl.) 1052:2007(3) PLR 439:2007(2) ILR (Punjab) 338:2007(3) AICLR 818:2007(4) CCR 280:2007(59) AIC 435:2007(4) CTC 769: 2007(4) KLT 245, wherein it has been held as under: