Punjab-Haryana High Court
Sandeep Singh vs State Of Punjab And Another on 30 April, 2024
Neutral Citation No:=2024:PHHC:059150
CRM-M-58198-2023 --1--
2024:PHHC:059150
268 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-58198-2023
DATE OF DECISION:-30.04.2024
Sandeep Singh ...Petitioner..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Munish Kumar, Advocate,
for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Nagar Singh, 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.199 dated 21.11.2022, registered
under Section 408 IPC, at Police Station City Nawanshahr, District SBS
Nagar (Annexure P-1) and all other subsequent proceedings arising
therefrom on the basis of compromise dated 12.05.2023 as well as
statements dated 18.05.2023 (Annexures P-2 and P-3).
2. As per the allegations, the petitioner committed the breach of trust
and misappropriated the amount by impersonating himself as employee of
the company.
3. In pursuance of order dated 13.03.2024 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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CRM-M-58198-2023 --2--
between them, report dated 27.03.2024 has been received from the
concerned Court, stating that the compromise entered between the parties
i.e. complainant-Vikas Thakur and accused-Sandeep Singh is genuine,
without any pressure 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
his client, submit that he volunteers to deposit a sum of Rs.5000/- with the
Punjab and Haryana High Court Clerks Bar Association.
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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.199 dated 21.11.2022, registered under
Section 408 IPC, at Police Station City Nawanshahr, District SBS Nagar 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 the Punjab and Haryana
High Court Clerks Bar Association, 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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