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2004 DIGILAW 502 (PNJ)

Fakru v. State of Haryana

2004-04-28

K.S.GAREWAL

body2004
ORDER K.S. Garewal, J. - Fakru and six others have filed this petition under Section 482 Criminal Procedure Code for quashing of criminal complaint 41 dated September 20, 1996 under Sections 420/465/467/471 and 120-B Indian Penal Code filed by Gula Mohd., respondent No. 2. 2. According to the complainant, a will dated September 25, 1998 executed by Yaseen in respect of 10 kanals and 2 marla of land in favour of his brother Shukra (half share) and Fakru, Saleem and Yusuf (sons of Khair Din, half share). Later under an agreement to sell dated October 4, 1994, Shukra agreed to sell his half share to Gula Mohd., who later instituted a suit for specific performance on October 14, 1994 against Shukra, Fakru, Saleem and Yusuf. 3. Gulu Mohd. also filed a criminal complaint on September 20, 1996 pleading that the will mentioned above was a forgery. The accused were summoned vide summoning order dated May 28, 1997. 4. Learned counsel for the petitioners has placed on record an order of the learned Civil Judge (S.D.) Jagadhri dated March 27, 2004 whereunder the specific performance suit filed by Gula Mohd. was dismissed as withdrawn as a compromise had been entered between the parties. Copy of the compromise has also been placed on record and it is Annexure P-8A. Under Clause 2 of the compromise, Gula Mohd. has accepted that he has received Rs. 80,000/- and has cancelled the agreement to sell. 5. From the above, it is clear that all disputes between the parties have been compromised. Therefore, it is extremely unlikely that prosecution in this case will succeed. The present dispute was a result of the dispute between Gula Mohd. on the one hand and Fakru and his two brothers on the other. Gula Mohd. has received the money and has given up his specific performance suit. Therefore, the matter has indeed been settled in every respect. This petition is accepted, complaint 41 dated September 20, 1996, summoning order dated May 28, 1997 and all further proceedings are hereby quashed. Petition allowed.