Punjab-Haryana High Court
Lokesh Alias Lokesh Kumar And Ors vs State Of Punjab And Another on 29 April, 2024
Neutral Citation No:=2024:PHHC:058173
CRM-M-65286-2023 --1--
2024:PHHC:058173
277 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-65286-2023
DATE OF DECISION:-29.04.2024
Lokesh @ Lokesh Kumar and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Amar Jeet, Advocate,
for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. SPS Aulakh, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.222 dated 07.12.2021, registered
under Sections 406 and 420 IPC, at Police Station Dugri, Police
Commissionarate Ludhiana (Annexure P-1) and all other subsequent
proceedings arising therefrom on the basis of compromise deed dated
20.04.2022 (Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners cheated
the complainant on the pretext of doubling the amount in one year.
3. In pursuance of orders dated 04.01.2024 and 27.02.2024 passed
by this Court, whereby parties were directed to appear before the Trial
Court for getting their statements recorded as regards the veracity of
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Neutral Citation No:=2024:PHHC:058173
CRM-M-65286-2023 --2--
compromise arrived at between them, report dated 02.04.2024 has been
received from the concerned Court, stating that compromise is genuine,
voluntarily and without any coercion or undue influence. No accused has
been declared as proclaimed person.
4. 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 petitioners; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioners. Even otherwise, 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. 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 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. Moreover, learned counsel for the petitioners, on instructions
from his client, submits that they volunteer to serve public cause by
providing the following medical equipment up to the cost of Rs.20,000/- to
Civil Hospital, Ludhiana.
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CRM-M-65286-2023 --3--
7. 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, FIR No.222 dated 07.12.2021, registered under
Sections 406 and 420 IPC, at Police Station Dugri, Police Commissionarate
Ludhiana (Annexure P-1) as well as all subsequent proceedings arising
therefrom are hereby quashed qua the petitioners.
8. Accordingly, petition stands allowed, however, subject to
providing equipment as mentioned below to the 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.
Sr. Name of Equipment Qty
No.
29.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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