LAWS(P&H)-2015-4-175

HARMANPREET SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On April 28, 2015
Harmanpreet Singh Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) IN this petition referred under Section 482 Cr.P.C. prayer has been made for quashing of FIR No. 199 dated 28.11.2010 under Section 406, 420 IPC at Police Station, City Kapurthala by way of Annexure P/1.

(2.) THE facts that need to be recapitulated are that the case in question was got registered on the allegations of complainant, respondent No. 2 -Harpreet Singh alleging that the petitioner Harmanpreet Singh had secured loan of Rs. 50,000/ - from Satnam Singh son of Pakhar Singh, employer of respondent No. 2 as the latter was working in his shop. It is alleged that Satnam Singh inspite of having received the entire loan amount with a malafide intention prepared forged pronote depicting advancement of sum of Rs. 1,70,000/ - to the petitioner and also created an agreement to sell Annexure P/2 regarding residential house of the mother of the petitioner regarding which the complaint Annexure P/3 was moved by the petitioner. The aforesaid Satnam Singh thereafter, filed a suit for recovery qua the pronote and the receipt by way of Annexure P/4 and it is as a part of this larger game plan of Satnam Singh an FIR was got registered by him against the petitioner which was lodged by respondent No. 2.

(3.) AFTER notice counsel for the complainant in the FIR, respondent No. 2. has denied the factum of compromise Annexure P/5, whereby, this Court has issued notice to respondent No. 2 who personally put in appearance to ascertain the veracity of this fact and on 10.4.2015 this respondent No. 2 had accepted his signatures on this compromise purported to have been executed on 7.6.2011 depicting payment of the amount in question and resolving all the dispute. However, this respondent denied having received the amount in question and that is how the parties are at knots over this compromise.