Kulwant Singh and Another vs State of Punjab and Another

Ranjan Gogoi, J.

Criminal Misc. No. 54548 of 2010

On due consideration of the facts stated the prayer made in this Criminal Miscellaneous application is allowed.

The documents sought to be introduced by the accused-petitioners by means of present Criminal Miscellaneous application are taken on record.

The application stands disposed of.

Criminal Misc. No. 7016-M of 2004

This application has been filed for quashing of the proceedings in F.I.R. No. 106 dated 7.11.2003 lodged at Police Station Sadar, Kapurthala.

The offence alleged is one u/s 420/120B I.P.C. and with regard to the registration of the names of the accused-petitioners in respect of the motors

of certain tubewells in the land under the joint ownership of the parties. The accused-petitioners and first informant are brothers.

Parties have settled the matter out of court by means of a deed of compromise enclosed as Annexure R-2/2, which has been taken on record

today by orders passed in Criminal Misc. No. 54548 of 2010. The joint compromise petition is by accused Bhajan Singh and one Narinder Singh

attorney of accused Kulwant Singh on the one hand and the same Narinder Singh acting as the attorney of Kirpal Singh, the first informant. In the

said compromise petition it is stated that the differences between the brothers have been resolved and that the first informant has no objection if the

proceedings in F.I.R. No. 106 dated 7.11.2003, Police Station Sadar Kapurthala are ordered to be closed.

In view of the above position and in exercise of power u/s 320 Code of Criminal Procedure read with law laid down by Five Judges Bench of

this Court in Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007(3) RCR 1052 the proceedings in F.I.R. No. 106 dated 7.11.2003

registered at Police Station Sadar, Kapurthala u/s 420/120B of the Indian Penal Code stand quashed.