Punjab-Haryana High Court
Ripan Jain And Others vs State Of Punjab And Another on 25 April, 2024
276 2024:PHHC:056777
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-37831-2023
Date of Decision: April 25, 2024
RIPAN JAIN AND OTHERS ........Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Ms. Anmol Gupta, Advocate for
Mr. Abhinav Sood, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Jarnail Singh Saneta, Advocate for respondent No.2.
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HARKESH MANUJA, J. (ORAL)
By way of this petition filed under Section 482 Cr.P.C. the petitioners pray for quashing of case bearing FIR No.210 dated 15.08.2019 registered under Sections 420, 406, 182, 193 and 120-B of IPC at P.S. Moti Nagar, Police Commissionerate Ludhiana along with all consequential proceedings arising out of the same on the basis of compromise dated 02.11.2021.
2. As per allegations levelled in the FIR, the petitioners committed fraud with complainant-respondent No.2 as out of 36 cheques issued to him only 5 got cleared and the remaining 31 got dishonoured.
3. This Court while issuing notice of motion vide order dated 01.03.2024 directed the parties to appear before trial Court for getting their statements recorded as regards the veracity of the compromise arrived at between them.
4. In pursuance to the order dated 01.03.2024, a report dated 09.04.2024 has been received from the concerned Court, stating that the compromise in the present case is genuine and voluntary. TEJWINDER SINGH 2024.05.03 13:24 I attest to the accuracy and integrity of this document CRM-M-37831-2023 -2-
5. Learned counsel for the petitioners submits that once, a compromise has been arrived at between the parties without any pressure and respondent No.2 has no objection as regards quashing of FIR as well as all other subsequent proceedings arising out of the same against the petitioners; the dispute purely personal in nature, there does not appear to be any impediment as regards quashing of present FIR. He also submits that even, in order to maintain peace and harmony between the parties, particularly under the circumstances wherein the alleged offences have no societal interest involved, it would be appropriate to render complete quietus to the aforementioned dispute by quashing the FIR on the basis of compromise entered into between the parties.
6. On the other hand, learned State counsel submits that allegations in the present FIR are of serious nature and he opposes the prayer made in the petition.
7. I have heard learned counsel for the parties and gone through the records including the report dated 09.04.2024. The parties having settled their dispute so as to live in peace in future, no useful purpose would be served by proceeding further with the criminal proceedings. In the light of above developments, no cause remains for the trial Court to invest further time and effort in adjudicating this FIR. The compromise in question is even found to be fully in consonance with the directions issued by this Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR(Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543".
TEJWINDER SINGH 2024.05.03 13:24 I attest to the accuracy and integrity of this document CRM-M-37831-2023 -3-
8. Moreover, learned counsel for the petitioners on instructions from his clients, submit that they volunteer to serve public cause by providing one wheel chair to Civil Hospital, Ludhiana.
9. Thus, in view of the aforesaid report, accompanied by statements of both the parties as well as keeping in mind the law laid down in the aforementioned judgments, the petition is allowed and FIR No. 210 dated 15.08.2019 registered under Sections 420, 406, 182, 193 and 120-B of IPC at P.S. Moti Nagar, Police Commissionerate Ludhiana along with all consequential proceeding arising therefrom, are hereby quashed.
10. Accordingly, petition stands, allowed, however subject to providing of One ECG Machine to Civil Hospital, Ludhiana within a period of two weeks from today as volunteered by the petitioners against due receipt issued by the concerned Civil Surgeon, who shall prepare an inventory in this regard for its regular inspection by the Director concerned. A copy of the receipt shall also be sent to the office of Advocate General, Punjab at the earliest for maintaining records in this regard.
25.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
TEJWINDER SINGH
2024.05.03 13:24
I attest to the accuracy and
integrity of this document