Punjab-Haryana High Court
Surinder Kaur vs State Of Punjab And Another on 30 April, 2024
Neutral Citation No:=2024:PHHC:059285
CRM-M-11394-2024 --1--
2024:PHHC:059285
275 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-11394-2024
DATE OF DECISION:-30.04.2024
Surinder Kaur ...Petitioner..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms. Usha Rani, Advocate for
Ms. Bandana Dogra, Advocate,
for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
Ms. Sonia Arora, Advocate for
Mr. Waqar Khurshid, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C.,
petitioner prays for quashing of FIR No.249 dated 01.09.2023, registered
under Section 406 and 420 IPC and Section 24 of Immigration Act, 1983, at
Police Station Tanda, District Hoshiarpur (Annexure P-1) and all other
subsequent proceedings arising therefrom on the basis of compromise dated
22.02.2024 (Annexure P-2).
2. As per the allegations, the petitioner cheated the complainant on
the pretext of sending his son to Dubai.
3. In pursuance of order dated 04.03.2024 passed by this Court,
whereby parties were directed to appear before the Trial Court for getting
their statements recorded as regards the veracity of compromise arrived at
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between them, report dated 20.04.2024 has been received from the
concerned Court, stating that compromise has been reached amicably
between the parties with the intervention of respectables of locality
voluntarily 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 petitioner; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioner. 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 petitioner on instructions from
her client, submit that she volunteers to deposit a sum of Rs.5,000/- with
Nishkam Sewa Group (For Charitable Work) run by Punjab & Haryana
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High Court Lawyers at Chandigarh.
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.249 dated 01.09.2023, registered under
Section 406 and 420 IPC and Section 24 of Immigration Act, 1983, at
Police Station Tanda, District Hoshiarpur as well as all subsequent
proceedings arising therefrom are hereby quashed qua the petitioner.
8. Accordingly, petition stands allowed subject to payment of costs
of Rs.5,000/- to be deposited by the petitioner with Nishkam Sewa Group
(For Charitable Work) run by Punjab & Haryana High Court Lawyers at
Chandigarh, within a period of two weeks from today from the date of
receipt of certified copy of this order.
30.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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