JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition under Section 482, Cr.P.C. prayer made is for quashing of the proceedings under Section 145, Cr.P.C. and order of attachment, Annexure P -2 passed by the S.D.M., Sangrur.

(2.) ORIGINALLY , the property belonged to Harchand and Jarnail Singh, sons of Parsu Singh and Bachan Kaur widow of Parsu Singh. They sold the property in dispute to Jarnail Singh son of Trilok Singh vide registered sale deed dated 22.4.1988. Darbara Singh who is respondent No. 2 in this petition, alleged that two agreement dated 12.5.1987 and 25.8.1987 were executed that two agreements dated 12.5.1987 and 25.8.1987 were executed between him and respondents 3 to 5 in regard to this very property. Darbara Singh filed an application to the S.H.O. and on the basis of the application, calendera was prepared and put up before the Sub - Divisional Magistrate, Sangrur and he, after having satisfied himself that there existed a dispute which is likely to cause breach of peace, attached the property under Section 146 Cr.P.C. Against this order of the Sub -Divisional Magistrate and initiation of proceedings under Section 145, Cr.P.C., the present petition has been filed by Jarnail Singh.

(3.) DURING the pendency of this petition, parties have entered into a compromise and the same is marked as Exh. C.1. and has been placed on record. Along with the compromise, joint application signed by the parties has been filed. According to the compromise which has been signed by both Darbara Singh and Jarnail Singh, Darbara Singh has admitted the validity and execution of sale deed dated 22.4.1988 and has admitted Jarnail Singh to be the owner on the basis of the sale deed. He has further stated that he has no objection if Annexures, P -1 and P -2 are quashed.