Punjab-Haryana High Court
Aman Sehgal vs State Of Punjab And Another on 13 December, 2023
Neutral Citation No:=2023:PHHC:160081
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CRM-M No.50688 of 2023 2023:PHHC:160081
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
272
CRM-M No.50688 of 2023
Date of Decision: 13.12.2023
AMAN SEHGAL ......Petitioner
Vs
STATE OF PUNJAB AND ANOTHER ....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Rahul Garg, Advocate for
Mr. Bharat Puri, Advocate for the petitioner.
Mr. Gurlal Singh Dhillon, Asstt. A.G., Punjab.
Mr. Harinder Singh, Advocate for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
[1]. By way of present petition under Section 482 Cr.P.C, prayer has been
made for quashing of FIR No.0072 dated 16.05.2019 registered under Sections 420
and 120-B IPC and Section 24 of Immigration Act at Police Station Shimlapuri,
District Police Commissionerate Ludhiana (Annexure P-1) and all other
subsequent proceedings arising therefrom on the basis of compromise deed dated
03.10.2023 (Annexure P-2).
[2]. Status Report by way of affidavit of Sandeep Wadehra (PPS),
Assistant Commissioner of Police, Industrial Area-B, Ludhiana, District Police
Commissionerate Luhiana on behalf of respondent No.1/State has been filed in
Court. The same is taken on record.
[3]. As per the allegations levelled in the FIR, the petitioner arranged
tickets and medical of the complainant, who went to Dubai on 18.08.2017. As per
FIR, there were two accused including present petitioner.
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[4]. In pursuance to order dated 07.10.2023 passed by this Court, whereby
the parties were directed to appear before the Illaqa Magistrate/Trial Court for
getting their statements recorded as regards the veracity of compromise arrived at
between them, a report dated 31.10.2023 has been received from the concerned
court, stating that the compromise is genuine, voluntary and without any coercion
or undue influence. The petitioner-accused has not been declared as proclaimed
offender.
[5]. 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
petitioner; there does not appear to be any impediment as regards quashing of
present FIR qua the petitioner. Even otherwise, in order to maintain peace and
harmony between the parties, particularly under the present 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]. 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 the case(s) of 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]. Further, learned counsel for the petitioner, while placing reliance upon
the judgments passed by the Hon'ble Supreme Court in the case of Jayrajsingh
Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R. (Criminal)
589 and this Court in the case(s) of Joginder Singh & another Vs. State of Punjab
and another, passed in CRM-M No.23739 of 2010 decided on 27.04.2011,
Rajinder Singh Vs. State of Punjab & another, passed in CRM-M No.37395 of
2016 decided on 16.05.2017 and Vimal Kalra & others Vs. State of Punjab &
another, passed in CRM-M No.20355 of 2022, decided on 25.07.2022 submits that
partial quashing of the FIR is possible on the basis of a compromise.
[8]. 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, the FIR No.0072 dated 16.05.2019 registered under
Sections 420 and 120-B IPC and Section 24 of Immigration Act at Police Station
Shimlapuri, District Police Commissionerate Ludhiana as well as all the
subsequent proceedings arising therefrom are hereby quashed qua the petitioner.
[9]. Accordingly, petition stands allowed however subject to payment of
cost(s) of Rs.5,000/- to be deposited by the petitioner with the Punjab and Haryana
High Court Employees Welfare Association having Account No.37167209613
with State Bank of India, High Court Branch, Chandigarh, within a period of two
weeks from today.
(HARKESH MANUJA)
December 13, 2023 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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