Sukhwinder Singh And Anr vs State Of Punjab And Another
2023 Latest Caselaw 5271 P&H

                                                     Neutral Citation No:=2023:PHHC:059434




CRM-M-10414-2022                     1        2023:PHHC:059434

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

(250)                                                 CRM-M-10414-2022
                                               Date of Decision: 25.04.2023


Sukhwinder Singh and Another                                ...Petitioners

                                 Versus

State of Punjab and Another                                 ...Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:     Mr. Vinay Puri, Advocate, for the petitioners.

             Mr. Amit Shukla, AAG, Punjab.

             Mr. Amritpal Singh Sohal, Advocate, for
             Mr. Sylvester Stephen, Advocate, for respondent No.2.

                   ****

HARKESH MANUJA, J.(ORAL)

By way of present petition filed under Section 482 Cr.P.C.,

petitioners pray for quashing of FIR No.0032 dated 14.04.2021, registered

under Sections 406, 120-B IPC and Section 13 of Punjab Professional

(Regulation) Act, 2014, at Police Station Cantt Jalandhar, Police

Commissionerate Jalandhar (Annexure P-1) along with all consequential

proceedings arising out of the same on the basis of compromise dated

10.02.2022 (Annexure P-2).

2. In the present case, petitioners have committed cheating and

fraud of Rs.7 Lakhs on the pretext of sending the son of the complainant

abroad resulting into registration of the present FIR.

3. In pursuance to an order dated 10.03.2022 passed by this Court,

whereby the parties were directed to appear before the trial Court for getting

their statements recorded as regards, the veracity of compromise arrived at

between them, report dated 04.06.2022 has been received from the concerned 1 of 3

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court, stating that the compromise in the present case is valid, genuine,

voluntary and without any coercion or under influence. There is no other

accused except the present petitioners and the sole complainant namely, Kuljit

Kaur. No accused has been declared as proclaimed offender. The stage of

trial was fixed for evidence of prosecution.

4. Learned counsel for the petitioners submits that once, the

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 other

subsequent proceedings arising out of the same against the petitioners, the

dispute being purely personal in nature, there does not appear to be any

impediment as regards quashing of present FIR. He further submits that 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. On the other hand learned State counsel submits that injuries

have been inflicted upon the person of victim.

6. Having heard learned counsel for the parties, they having settled

their dispute so as to live peacefully 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 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.

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7. 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 judgment, the instant petition is allowed and FIR No.0032

dated 14.04.2021, registered under Sections 406, 120-B IPC and Section 13 of

Punjab Professional (Regulation) Act, 2014, at Police Station Cantt Jalandhar,

Police Commissionerate Jalandhar (Annexure P-1) as well as all the

subsequent proceedings arising therefrom are hereby quashed.

8. The aforesaid order shall however, be subject to payment costs of

Rs.5,000/- to be deposited by the petitioners with the Punjab and Haryana

High Court Association Lawyer's Family Welfare Fund having Account

No.41564846387 with State Bank of India, High Court Branch, Chandigarh,

within a period of two weeks from today.

                                              (HARKESH MANUJA)
                                                   JUDGE
25.04.2023
anil

             Whether speaking/reasoned        :      Yes/No
             Whether reportable               :      Yes/No




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