Punjab-Haryana High Court
Lokesh Alias Lokesh Kumar And Ors vs State Of Punjab And Another on 29 April, 2024
Neutral Citation No:=2024:PHHC:058173
CRM-M-65286-2023 --1--
2024:PHHC:058173
277 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-65286-2023
DATE OF DECISION:-29.04.2024
Lokesh @ Lokesh Kumar and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Amar Jeet, Advocate,
for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. SPS Aulakh, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the petitioners pray for quashing of FIR No.222 dated 07.12.2021, registered under Sections 406 and 420 IPC, at Police Station Dugri, Police Commissionarate Ludhiana (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of compromise deed dated 20.04.2022 (Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners cheated the complainant on the pretext of doubling the amount in one year.
3. In pursuance of orders dated 04.01.2024 and 27.02.2024 passed by this Court, whereby parties were directed to appear before the Trial Court for getting their statements recorded as regards the veracity of 1 of 3 ::: Downloaded on - 01-05-2024 03:03:30 ::: Neutral Citation No:=2024:PHHC:058173 CRM-M-65286-2023 --2--
compromise arrived at between them, report dated 02.04.2024 has been received from the concerned Court, stating that compromise is genuine, voluntarily and without any coercion or undue influence. No accused has been declared as proclaimed person.
4. Once, the compromise has been arrived at between the parties without any pressure and respondent No.2 having no objection as regards quashing of FIR as well as all other subsequent proceedings arising out of the same against the petitioners; there does not appear to be any impediment as regards quashing of present FIR qua the petitioners. Even otherwise, 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.
5. 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 direction issued by the 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.
6. Moreover, learned counsel for the petitioners, on instructions from his client, submits that they volunteer to serve public cause by providing the following medical equipment up to the cost of Rs.20,000/- to Civil Hospital, Ludhiana.
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Neutral Citation No:=2024:PHHC:058173
CRM-M-65286-2023 --3--
7. Thus, in view of the aforesaid facts, accompanied by statements of both the parties as well as keeping in mind the law laid down in the aforementioned judgments, FIR No.222 dated 07.12.2021, registered under Sections 406 and 420 IPC, at Police Station Dugri, Police Commissionarate Ludhiana (Annexure P-1) as well as all subsequent proceedings arising therefrom are hereby quashed qua the petitioners.
8. Accordingly, petition stands allowed, however, subject to providing equipment as mentioned below to the 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.
Sr. Name of Equipment Qty No. 1 ECG Machine 1 29.04.2024 (HARKESH MANUJA) sonika JUDGE whether speaking/reasoned: Yes/No whether reportable: Yes/No 3 of 3 ::: Downloaded on - 01-05-2024 03:03:31 :::