Punjab-Haryana High Court
Sushil Prushottam Bawkar And Others vs State Of Punjab on 15 April, 2024
Neutral Citation No:=2024:PHHC:050324
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CRM-M No.12133 of 2024 2024:PHHC:050324
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
293
CRM-M No.12133 of 2024
Date of Decision: 15.04.2024
SUSHIL PRUSHOTTAM BAWKAR AND OTHERS
......Petitioner(s)
Vs
STATE OF PUNJAB ....Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Shivdeep, Advocate and
Mr. Sahil Soi, Advocate
for the petitioners.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., prayer is
made for quashing of FIR No.146 dated 19.07.2023 registered under Sections 420,
120-B IPC and Section 24 of Immigration Act at Police Station Sadar Ludhiana,
District Police Commissionerate Ludhiana (Annexure P-1) along with all
consequential proceedings arising therefrom.
2. On 05.04.2024, following order was passed by this Court:-
"Since complainant-respondent No.2 has not engaged any lawyer,
Mr. Siddharth Sandhu, AAG, Punjab is requested to assist respondent
No.2.
The petitioners have brought a draft bearing No.001763 dated
09.02.2024 amounting to Rs.2,70,00/- in the name of respondent No.2
which on due verification of Investigating Officer, who is present in Court,
namely SI Satwinder Singh has been handed over to complainant-
respondent No.2.
Respondent No.2 out of her own volition submits that now none of
her grievance is left over in FIR in question as she has received the entire
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amount and thus has no objection in case the proceedings are quashed
qua the petitioners.
Respondent No.2 further undertakes to file an affidavit during the
course of day.
Adjourned to 15.04.2024."
3. In pursuance of the aforesaid order, an affidavit of Santosh
Rani/respondent No.2 has been filed in Court, which is taken on record.
Respondent No.2 was duly identified by the Investigating Officer on the last date
of hearing. In her affidavit, respondent No.2 even admitted the factum of receipt of
Rs.2,70,000/- and also states about her no objection qua quashing of FIR in
question.
4. Thus 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(s); there does not appear to be any impediment as regards quashing
of present FIR qua the petitioner(s). 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.
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
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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. Thus, in view of the aforesaid affidavit dated 05.04.2024 of the
respondent No.2 as well as keeping in mind the law laid down in the
aforementioned judgments, the FIR No.146 dated 19.07.2023 registered under
Sections 420, 120-B IPC and Section 24 of Immigration Act at Police Station
Sadar Ludhiana, District Police Commissionerate Ludhiana as well as all the
subsequent proceedings arising therefrom are hereby quashed qua the petitioners.
7. Accordingly, petition stands, allowed however subject to payment of
cost(s) of Rs.5,000/- to be deposited with the Punjab and Haryana High Court Bar
Clerks Association, Chandigarh within a period of two weeks from today.
(HARKESH MANUJA)
April 15, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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