Punjab-Haryana High Court
Parvinder Kumar @ Sona And Anr vs State Of Punjab And Another on 10 May, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRM-M-60872-2022 -1-
240 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-60872-2022 (O&M)
Date of Decision : May 10, 2024
Paravinder Kumar @ Sona and another .....Petitioners
Vs.
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present : Mr. Anmol Jeewan Singh Gill, Advocate for the petitioners.
Ms. Guramrit Kaur, DAG, Punjab.
None for respondent No.2.
JASJIT SINGH BEDI, J. (Oral)
The present petition has been filed for quashing of an FIR
No.0161 dated 29.07.2022 registered under Sections 420, 120-B IPC
registered with Police Station Baghapurana, District Moga and all other
consequential proceedings arising therefrom, on the basis of compromise
entered into between the parties.
On 04.01.2023, the following order was passed :-
"The present petition has been filed for quashing of an
FIR No.0161 dated 29.07.2022 (Annexure P-1) registered
under Sections 420, 120-B IPC registered with Police Station
Baghapurana, District Moga and all other consequential
proceedings arising therefrom, on the basis of compromise
(Annexure P-2 ) entered into between the parties.
Learned counsel for the petitioners submits that in
order to live peacefully, parties have entered into
Compromise (Annexure P-2), according to which, both the
parties have agreed not to proceed further with the FIR in
question.
She has clarified that by virtue of an affidavit furnished
by the accused/petitioners to the complainant, no blank
cheque(s) purportedly executed by the complainant are in
possession of the petitioners.
Notice of motion for 07.02.2023.
Mr. Kirat Singh Sidhu, Deputy Advocate General,
Punjab accepts notice on behalf of respondent no.1 whereas
Mr. N.S. Dandiwal, Advocate accepts notice on behalf of
respondent no.2. He does not dispute the above said
compromise, which has been arrived at between the parties,
according to which, complainant does not wish to press the
allegations alleged in the FIR any further.
Keeping in view the above, the parties are directed to
appear before the trial Court/Illaqa Magistrate for recording
of their statement with regard to the compromise (Annexure
P-2 ) on 16.01.2023 by moving an appropriate application or
by presenting this order. The Trial Court/Illaqa Magistrate is
directed to submit the report on or before the next date of
hearing containing the following information in a tabulated
form:-
1. Number of persons arrayed as accused in the FIR;
2. Whether any accused is a proclaimed offender;
3. Whether the compromise is genuine, voluntary and
without any coercion or undue influence;
4. Whether the accused persons are involved in any other
FIR or not; and the Statements of the complainant and
all the victims/persons aggrieved shall be recorded by
the Trial Court;
5. The Trial Court is also directed to record the
statement of the Investigating Officer/any other officer
aware of the facts of the case so as to know how many
victims/complainants are there in the FIR and whether
all the victims/complainant as well as accused are
party to the compromise in question.
The question of imposition of cost for wasting the
valuable time of the police as well as the Court will be assessed
and imposed at the time of the final hearing of the present petition
in case, the FIR is to be quashed."
Thereafter, the matter was adjourned from time to time and
on 11.05.2023, the following order was passed :-
"The brief background of this case is that FIR No.0161
dated 29.07.2022 under Section Sections 420, 120-B IPC P.S.
Baghapurana came to be registered against the petitioner and
his co-accused at the instance of respondent no.2-complainant.
The anticipatory bail petition was preferred vide CRM-M-
39321-2022 titled as Parvinder Kumar @ Sona Vs. State of
Punjab & Anr. and on 09.12.2022 the following order was
passed:-
"The learned Senior Counsel for the petitioner after
arguing the matter at length states that the petitioner wishes
to effect a compromise with the complainant.
Adjourned to 14.12.2022."
Thereafter on 14.12.2022 the following order was
passed:-
"The learned Senior Counsel for the petitioner submits
that the parties have express the desire to settle the dispute
between themselves. IN furtherance of the same, the learned
Counsel for the petitioner has brought a draft of
Rs.8,00,000/- which has been handed over to the learned
Counsel for the complainant in the Court today. She
submits that the remaining amount of Rs.3,00,000/- shall be
paid on the next date of hearing i.e. 16.11.2022.
In the meantime, the arrest of the petitioner shall remain
stayed."
Thereafter on 16.12.2022 the following order was
passed:-
"The prayer in the present petition under Section 438
Cr.P.C. is for the grant of anticipatory bail in case FIR
No.161 dated 29.07.2022 under Sections 420, 120-B IPC
registered at Police Station Baghapurana, District Moga.
During the course of these proceedings, a compromise
has been effected between the parties. As per the said
compromise, a sum of Rs.8 lacs was paid on 14.12.2022
and a further sum of Rs.3 lacs has been paid to the learned
counsel for the complainant in the Court today.
The learned counsel for the complainant admits that the
entire amount has been received by the complainant and he
shall have no objection if a petition for quashing on the
basis of compromise is filed by the petitioner-Parvinder
Kumar @ Sona and his wife-Ritu Goyal and he shall
facilitate in getting the same quashed.
In view of the above, the petitioner is directed to appear
before the SHO/Investigating Officer to join investigation
on 19.12.2022 and in the event of his arrest, he shall be
released on bail on his furnishing bail bonds to the
satisfaction of SHO/Investigating Agency, subject to the
following conditions as envisaged under Section 438(2)
Cr.P.C.:-
(i) that the petitioner shall make himself available for
interrogation before the investigating officer as and
when required;
(ii) that the petitioner shall not, directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case as to dissuade
him/her from disclosing such facts to the Court or to
any police officer;
(iii) that the petitioner shall not leave the country without
prior permission of the Court and shall surrender his
passport, if any.
Meanwhile, the State is directed to file an affidavit/reply
as to the exact role of the petitioner and his co-accused
alongwith the details of pending FIRs, if any, on or before
the next date of hearing.
Adjourned to 21.12.2022."
The Stay order continued from time to time. Meanwhile,
the instant petition for quashing on the basis of a
compromise came to be filed in which on 04.01.2023 the
following order was passed:-
" The present petition has been filed for quashing of an
FIR No.0161 dated 29.07.2022 (Annexure P-1) registered
under Sections 420, 120-B IPC registered with Police
Station Baghapurana, District Moga and all other
consequential proceedings arising therefrom, on the basis of
compromise (Annexure P-2 ) entered into between the
parties.
Learned counsel for the petitioners submits that in order
to live peacefully, parties have entered into Compromise
(Annexure P-2 ), according to which, both the parties have
agreed not to proceed further with the FIR in question.
She has clarified that by virtue of an affidavit furnished
by the accused/petitioners to the complainant, no blank
cheque(s) purportedly executed by the complainant are in
possession of the petitioners.
Notice of motion for 07.02.2023.
Mr. Kirat Singh Sidhu, Deputy Advocate General,
Punjab accepts notice on behalf of respondent no.1 whereas
Mr. N.S. Dandiwal, Advocate accepts notice on behalf of
respondent no.2. He does not dispute the above said
compromise, which has been arrived at between the parties,
according to which, complainant does not wish to press the
allegations alleged in the FIR any further.
Keeping in view the above, the parties are directed to
appear before the trial Court/Illaqa Magistrate for
recording of their statement with regard to the compromise
(Annexure P-2 ) on 16.01.2023 by moving an appropriate
application or by presenting this order. The Trial
Court/Illaqa Magistrate is directed to submit the report on
or before the next date of hearing containing the following
information in a tabulated form:-
1. Number of persons arrayed as accused in the FIR;
2. Whether any accused is a proclaimed offender;
3. Whether the compromise is genuine, voluntary and
without any coercion or undue influence;
4. Whether the accused persons are involved in any other
FIR or not; and the Statements of the complainant and
all the victims/persons aggrieved shall be recorded by
the Trial Court
5. The Trial Court is also directed to record the statement
of the Investigating Officer/any other officer aware of
the facts of the case so as to know how many
victims/complainants are there in the FIR and whether
all the victims/complainant as well as accused are party
to the compromise in question.
The question of imposition of cost for wasting the valuable
time of the police as well as the Court will be assessed and
imposed at the time of the final hearing of the present petition in
case, the FIR is to be quashed."
Subsequently on 07.03.2023 Mr. G.S. Hayer Advocate
appeared on behalf of the complainant and stated that a compromise
had been arrived at only for the purposes of grant of bail to the
petitioner and not for quashing of the FIR qua the petitioner.
Subsequently the matter came up for hearing on 10.02.2023 and was
adjourned to 11.05.2023.
The Counsel for the complainant reiterated his version
that the complainant had been misled by the earlier counsel. In
fact he had received Rs.11 lacs from the petitioner only with a
view to not oppose the grant of anticipatory bail to the petitioner
and not to settle the matter in its entirety by way of the present
quashing petition on the basis of compromise. In view of the
arguments raised, a query was put to the counsel for the
complainant that a sum of Rs.11 lacs which had been received
ought to be returned to the petitioner, as various orders passed in
the anticipatory bail petition clearly showed that the complainant
and his earlier counsel were aware that the sum of Rs.11 lacs was
being paid by the petitioner towards full and final settlement qua
the petitioner. The learned Counsel for the complainant and
complainant who are present in court today have unequivocally
stated that they did not wish to refund the amount of Rs.11 lacs
received from the petitioner. This conduct on the part of the
complainant is unacceptable.
Be that as it may, in view of the aforementioned facts,
the present petition is admitted.
Further proceedings emanating from FIR No.0161 dated
29.07.2022 under Section Sections 420, 120-B IPC P.S.
Baghapurana shall remain stayed qua the petitioner only.
Proceedings qua the other accused may continue."
Thereafter, on 6.11.2023 the following order was passed :-
"The present petition has been filed for quashing of an FIR
No.0161 dated 29.07.2022 (Annexure P-1) registered under Sections
420, 120-B IPC registered with Police Station Baghapurana, District
Moga and all other consequential proceedings arising therefrom, on
the basis of compromise (Annexure P-2 ) entered into between the
parties.
Learned counsel for the petitioners submits that in order to
live peacefully, parties have entered into Compromise (Annexure
P-2), according to which, both the parties have agreed not to proceed
further with the FIR in question.
She has clarified that by virtue of an affidavit furnished by
the accused/petitioners to the complainant, no blank cheque(s)
purportedly executed by the complainant are in possession of the
petitioners.
Notice of motion for 30.11.2023.
Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab
accepts notice on behalf of respondent no.1 whereas Mr. N.S.
Dandiwal, Advocate accepts notice on behalf of respondent no.2. He
does not dispute the above said compromise, which has been arrived
at between the parties, according to which, complainant does not
wish to press the allegations alleged in the FIR any further.
Keeping in view the above, the parties are directed to appear
before the trial Court/Illaqa Magistrate for recording of their
statement with regard to the compromise (Annexure P-2 ) on
17.11.2023 by moving an appropriate application or by presenting
this order.
The Trial Court/Illaqa Magistrate is directed to submit the
report on or before the next date of hearing containing the following
information in a tabulated format:-
1. Number of persons arrayed accused in the FIR;
2. Whether any accused is a proclaimed offender;
3. Whether the compromise is genuine, voluntary and without
any coercion or undue influence;
4. Whether the accused persons are involved in any other FIR or
and not; and the Statements of the complainant and all the
victims/persons aggrieved shall be recorded by the Trial Court;
5. The statements of the complainant and all the victims/persons
aggrieved shall be recorded by the Trial Court; 6. The Trial
Court is also directed to record the statement of the Investigating
Officer so as to know how many victims/complainants are there
in the FIR and all the victim/complainant as well as accused are
party to the compromise in question.
The petitioners shall deposit a cost of Rs.25,000/-
(collectively) with the District Legal Services Authority concerned on
or before the date of recording of their statements and produce the
receipt of the same to the Trial Court/Illaqa Magistrate."
Thereafter, on 30.11.2023 the following order was passed :-
"The learned counsel for the parties pray for one
more opportunity to appear before the Trial Court
recording their statement with regard to a compromise in
terms of the order dated 06.11.2023 passed by this Court.
In view of the above, the mater is adjourned to
03.04.2024.
In the meantime, the parties are directed to appear
before the Trial Court on 22.01.2024 for recording their
statements in terms of the aforementioned order.
The Trial Court is directed to send its report on or
before the next date of hearing."
CRM-M-60872-2022 - 10 -
In deference to the aforementioned orders, the statements of the
parties have been recorded in support of the compromise. While petitioner
No.1 is an accused in the FIR, the petitioner No.2 has filed the instant
petition fearing implication at a later stage.
Be that as it may, now a compromise has been arrived at
between the parties.
Pursuant to the orders passed by this Court, the parties have
appeared before Shri Ravneet Singh, PCS, Sub Divisional Judicial
Magistrate, Baghapurana and as per its report dated 06.02.2024 submitted to
this Court both the parties have got recorded their respective statements in
Court. However, for reasons best known to the complainant, none has
appeared on his behalf today.
A perusal of the aforesaid report would show that the parties
have effected a genuine compromise without there being any pressure,
coercion or undue influence. In view of the compromise there is a remote
possibility of the complainant coming forward to support the prosecution
case. The powers under Section 482 Cr.PC can be exercised in such like
situation in order to prevent unnecessary vagaries of criminal trial to be
faced by the parties, when there are remote chances of conviction of the
accused. The compromise in question is 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".
CRM-M-60872-2022 - 11 -
Further, the learned counsel for the petitioner, while placing
reliance upon the judgments passed by the Hon'ble Supreme Court in
Jayrajsinh Digvijaysinh Rana Versus State of Gujarat and another,
2012(4) R.C.R. (Criminal) 589 and this Court in Joginder Singh &
another Vs. State of Punjab and another, CRM-M-23739-2010 decided
on 27.04.2011, Rajinder Singh Vs. State of Punjab & another, CRM-M-
37395-2016 decided on 16.05.2017, Bhoj Raj Vs. State of Punjab &
another, CRM-24945-2019 decided on 27.09.2019 and Vimal Kalra &
others Versus State of Punjab & another, CRM-M-20355-2022, decided
on 25.07.2022 submits that partial quashing of the FIR was possible on the
basis of a compromise.
In view of the aforesaid report of the Sub Divisional Judicial
Magistrate, Baghapurana accompanied by the joint statements of both the
parties, the FIR No.161 dated 29.07.2022 (Annexure P-1) registered under
Sections 420, 120-B IPC at Police Station Baghapurana, District Moga and
all other consequential proceedings arising therefrom on the basis of
compromise entered into between the parties, are hereby quashed, qua the
petitioner only.
( JASJIT SINGH BEDI )
May 10, 2024 JUDGE
Satish
Whether speaking/reasoned : YES / NO
Whether reportable : YES / NO
