Jarnail Singh Bajwa v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: February 18, 2025 Jarnail Singh Bajwa ......Petitioner

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Nikhil Ghai, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) 1.

Present petition has been filed for restraining the official respondents from acting upon any representations/complaint from respondent for re-investigate of FIR No.33, dated 10.02.2016, under Section 306 IPC, registered at Police Station City Kharar, District SAS Nagar Mohali. It is further prayed that the official respondents be directed to comply with the order passed in CRM-M-88-2018 and if any complaint is pending or would be filed against the petitioner and his company with respect to dispute of agreement of sale of plots/flats, then the petitioner and his company be given opportunity to present their side before registration of FIR. It is further prayed that the official respondents may be restrained from acting upon complaints, Annexure P-15, all pertaining to Section 420 IPC which is compoundable offence, in view of the fact that petitioner is ready to settle the matter in all the said complaints by returning the alleged disputed amount.

-22.

It has been submitted by learned counsel for the petitioner the petitioner had entered into an agreement with the complainants for the sale of plots/flats, however, there arose a dispute between the petitioner and the purchasers on account of various reasons and hence the complaints were filed against the petitioner. He submits that FIRs were also registered against the petitioner, however, on account of amicable settlement between the petitioner and the complainants, FIRs have already been quashed by way of compromise, as is evident from the various orders placed on record. He submits that the dispute is entirely of civil in nature but still some of the complainants have filed their complaints before the police, as is reflected in Annexure P-15, appended with the petition.

The petitioner apprehends that FIRs may be registered on the basis of the same. He further submits that the petitioner had earlier approached this Court by way of filing CRM-M-882018, Annexure P-14, which was disposed of by this Court vide order dated 03.01.2018, in which directions were given to grant opportunity to the petitioner to explain his case. Learned counsel for the petitioner at the outset submits that as the petitioner is ready to settle the dispute amicably with the remaining complainants, he may be granted three months' time for the same and in the meantime, no coercive action be taken against the petitioner.

He has further submitted that if during this period any complaint pertaining to the similar issue regarding sale of plots/flats is filed, the petitioner is ready to settle the dispute in that complaint as well and hence, protection be also granted in that eventuality.

3.

Notice of motion to respondents no.1 to 3-State only. 4.

On the asking of the Court, Mr.Tarun Aggarwal, Sr.DAG,

-3Punjab, who is present in Court, accepts notice on behalf of the respondents/State and has submitted that various FIRs filed against the petitioner have been quashed on the basis of compromise. He submits that if petitioner is ready to settle the dispute amicably and abide by the statement given by his counsel, then protection, as prayed for by his counsel, may be considered.

5.

After hearing learned counsel for the parties and perusing the record, it is deciphered that the dispute primarily between the petitioner and the various complainants is regarding the sale of plots/flats. As submitted, majority of the complaints have already been compromised and the FIRs have also been quashed on the basis of compromise. However, learned counsel for the petitioner has fairly submitted that complaints at the behest of remaining 26 complainants are pending before the respondent/authorities as is evident from Annexure P15 and he is ready to settle the dispute with these complainants as well. He had earlier also approached this Court by way of filing CRM-M-88-2018, which was disposed of with a similar direction, as sought in the present petition. 6.

In view of the statement given by learned counsel for the petitioner before this Court that petitioner is ready to settle the dispute with the complainants amicably, he is granted three months' time to settle the matter with the remaining complainants. Hence, the respondent/State is directed not to take any coercive action against the petitioner on the basis of the complaints filed by the complainants, as detailed in Annexure P-15. It is further being clarified that if any further complaint is received during this period pertaining to the similar issue, the protection granted would also be

-4available to the petitioner with regard to that complaint as well as the petitioner intends to settle the matter amicably, as stated above, in said complaints also.

7.

The petition is disposed of in the above mentioned terms. February 18, 2025 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No