Punjab-Haryana High Court
Omkar Singh vs State Of Punjab And Others on 29 April, 2024
Neutral Citation No:=2024:PHHC:058603
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
2024:PHHC:058603
273 CRM-M-22653 of 2023
Date of decision: 29.04.2024
OMKAR SINGH ..PETITIONER
VS.
STATE OF PUNJAB AND OTHERS ..RESPONDENTS
CORAM:HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. G. S. Bhandari, Advocate
for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
***
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.147 dated
16.05.2019 registered under Sections 420, 406 I.P.C., at P.S. Sohana, District
SAS Nagar, Mohali along with all consequential proceedings arising out of
the same on the basis of compromise dated 22.04.2023.
2. As per allegations levelled in the FIR, the petitioner extracted
money in a fraudulent way on the pretext of forged visa for sending abroad.
3. This Court while issuing notice of motion vide order dated
05.05.2023 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 05.05.2023, a report dated
24.05.2023 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
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5. Learned counsel for the petitioner submits that once, a
compromise has been arrived at between the parties without any
pressure and respondents No.2 and 3 have 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. Moreover, learned counsel for the petitioners on instructions from
his client, submits that they volunteer to serve public cause by providing one
Water Cooler to Civil Hospital, SAS Nagar (Mohali).
8. I have heard learned counsel for the parties and gone through the
records including the report dated 24.05.2023. 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
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Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543".
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 afore-
mentioned judgments, the petition is allowed and FIR No.147 dated
16.05.2019 registered under Sections 420, 406 I.P.C., at P.S. Sohana, District
SAS Nagar, Mohali along with all consequential proceeding arising
therefrom, are hereby quashed.
10. Accordingly, petition stands allowed, however, subject to providing
one Water Cooler to the Civil Hospital, SAS Nagar (Mohali) 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.
(HARKESH MANUJA)
April 29, 2024 JUDGE
Poonam Sharma
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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