Punjab-Haryana High Court
Yadwinder Singh vs State Of Punjab And Anr on 25 April, 2024
289 2024:PHHC:056669
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-10683-2024
Date of Decision: April 25, 2024
YADWINDER SINGH ........Petitioner
Versus
STATE OF PUNJAB AND ANR ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Ms. Meena, Advocate for
Mr. Amit Arora, Advocate for the petitioner.
Mr. Rahul Jindal, AAG, Punjab.
None 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
petitioner prays for quashing of case bearing FIR No.0173 dated
02.08.2020 registered under Sections 420, 120-B of IPC and Section 13 of
Punjab Travel Professionals (Regulation) Act, 2014 (Sections 467, 468,
471 of IPC added later on) at P.S. Lopoke, District Amritsar Rural, along
with all consequential proceedings arising out of the same on the basis
of compromise dated 18.12.2023.
2. As per allegations levelled in the FIR, the petitioner committed
fraud with complainant-respondent No.4 of Rs.14,00,000/ on the pretext of
sending him abroad.
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
20.04.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
5. Learned counsel for the petitioner 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
petitioner; 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 20.04.2024. 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".
8. 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. 0173 dated 02.08.2020 registered under Sections 420, 120-B of IPC
and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014
(Sections 467, 468, 471 of IPC added later on) at P.S. Lopoke, District
Amritsar Rural along with all consequential proceeding arising
therefrom, are hereby quashed.
9. Accordingly, petition stands, allowed, however subject to
providing of one ECG Machine to Civil Hospital, Amritsar within a period
of two weeks from today as volunteered by the petitioner 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
