Punjab-Haryana High Court
Ripan Jain And Others vs State Of Punjab And Another on 25 April, 2024
276 2024:PHHC:056777
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-37831-2023
Date of Decision: April 25, 2024
RIPAN JAIN AND OTHERS ........Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Ms. Anmol Gupta, Advocate for
Mr. Abhinav Sood, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Jarnail Singh Saneta, Advocate 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
petitioners pray for quashing of case bearing FIR No.210 dated
15.08.2019 registered under Sections 420, 406, 182, 193 and 120-B of
IPC at P.S. Moti Nagar, Police Commissionerate Ludhiana along with all
consequential proceedings arising out of the same on the basis of
compromise dated 02.11.2021.
2. As per allegations levelled in the FIR, the petitioners
committed fraud with complainant-respondent No.2 as out of 36 cheques
issued to him only 5 got cleared and the remaining 31 got dishonoured.
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
09.04.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
5. Learned counsel for the petitioners 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
petitioners; 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 09.04.2024. 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. Moreover, learned counsel for the petitioners on instructions
from his clients, submit that they volunteer to serve public cause by
providing one wheel chair to Civil Hospital, Ludhiana.
9. 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. 210 dated 15.08.2019 registered under Sections 420, 406, 182, 193
and 120-B of IPC at P.S. Moti Nagar, Police Commissionerate Ludhiana
along with all consequential proceeding arising therefrom, are hereby
quashed.
10. Accordingly, petition stands, allowed, however subject to
providing of One ECG Machine to 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.
25.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
