Punjab-Haryana High Court
Parveen Kaur vs State Of Punjab And Others on 1 May, 2024
Neutral Citation No:=2024:PHHC:060123
CRM-M-12151-2024 --1--
2024:PHHC:060123
273 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-12151-2024
DATE OF DECISION:-01.05.2024
Parveen Kaur ...Petitioner..
vs.
State of Punjab and others ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Naveen Bawa, Advocate for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Vishnu Dutt, Advocate for respondents No.2 and 3.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C.,
petitioner prays for quashing of FIR No.61 dated 04.06.2023, registered
under Sections 420, 120-B IPC and Section 24 of Immigration Act, 1983, at
Police Station Koom Kalan, District Ludhiana (Annexure P-1) and all other
subsequent proceedings arising therefrom on the basis of compromise dated
08.07.2023 (Annexure P-2).
2. As per the allegations, petitioner along with her accomplices
cheated the complainant on the pretext of sending his wife abroad.
Though, 02 persons were named in the FIR, however, only the
present petitioner has approached this Court by way of present petition.
3. In pursuance of order dated 11.03.2024 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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Neutral Citation No:=2024:PHHC:060123
CRM-M-12151-2024 --2--
between them, report dated 18.04.2024 has been received from the
concerned Court, stating that compromise is found to be genuine one,
voluntary and out of free will of the parties. No accused has been declared
as proclaimed person.
4. Once, the compromise has been arrived at between the parties
without any pressure and respondents No.2 & 3 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. Further, learned counsel for the petitioner, while placing reliance
upon the judgments passed by the Hon'ble Supreme Court in Jayrajsingh
Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R.
(Criminal) 589 and this Court in Joginder Singh & another Vs. State of
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CRM-M-12151-2024 --3--
Punjab and another, passed in CRM-M-23739- 2010 decided on
27.04.2011, Rajinder Singh Vs. State of Punjab & another, passed in
CRM-M- 37395-2016 decided on 16.05.2017 and Vimal Kalra & others
Vs. State of Punjab & another, passed in CRMM-20355-2022, decided on
25.07.2022 submits that partial quashing of the FIR is possible on the basis
of a compromise.
7. Moreover, learned counsel for the petitioner on instructions from
his client, submit that she volunteers to serve public cause by providing one
wheel chair to Civil Hospital, Ludhiana.
8. 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.61 dated 04.06.2023, registered under
Sections 420, 120-B IPC and Section 24 of Immigration Act, 1983, at Police
Station Koom Kalan, District Ludhiana as well as all subsequent
proceedings arising therefrom are hereby quashed qua the petitioner only.
9. Accordingly, petition stands allowed, however, subject to
providing one Dr. Abbott, Arcatron Wheel Chair (Folding) 100 kg to the
Civil Hospital, Ludhiana, 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.
01.05.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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