VINOD KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) By way of instant petition, a prayer has been made to quash FIR No.133 of 2015, dtd. 20/8/2015, registered at Police Station Sadar, Solan, District Solan, H.P. under Ss. 406 and 420 of IPC and consequent criminal proceedings arising therefrom.

(2.) It is averred in the petition that late Sh. Jaskaran Bir Singh, predecessor-in-interest of respondents No. 2 and 3 had lodged an FIR No. 133 of 2015 against the petitioner at Police Station Sadar, Solan, H.P. After investigation, the challan was presented and the case is pending before learned Judicial Magistrate 1st Class, Court No.1, Solan as Criminal Case No. 105 of 2016.

(3.) The FIR in question was an offshoot of a civil dispute between late Sh. Jaskaran Bir Singh and petitioner with respect to performance of an agreement to sell executed between them. A civil suit No. 73 of 2018 had also been filed arising out of the subject matter of the aforesaid agreement. Sh. Jaskaran Bir Singh died during the pendency of civil suit. After his death, respondents No. 2 and 3 as also the son of late Sh. Jaskaran Bir Singh, named Jasnoor Sandhu have settled all the disputes with the petitioner and compromise deed has been executed, a copy of which has been placed on record as Annexure P-3. On the basis of aforesaid compromise, FIR No. 133 of 2015 and consequent criminal proceedings arising therefrom are sought to be quashed.