Jaswinder Singh Mann v. State Of Punjab And Another


    

    


 



 !

"# $!%&'&"() 



*

+,  + 

! & &"(!- '

.++

+

  

 

!'/"($!( '    )

 01 

+


.

 ,

Present :- 

  



 

   !

"  !

 

    

 % .

 ,2

-3

 Prayer in the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR bearing No.302 dated 22.11.2019 under Section(s) 420 of the Indian Penal Code, 1860, registered at Police Station City Phagwara, District Kapurthala, Punjab, along with all

 subsequent proceedings arising therefrom on the basis of compromise dated 25.03.2025 & '  ().  * +, $ ## -    ./ 0 $ 

 

  +

$$

   1$   .

$  2  3

$+

 $ $

  $  4 






 
 







 

!" 


"

 % &
'()*+
,,+)+%&



$
 

-

 
 


$

$



#&) +.

/(( 0





 $
 
-

1
2&
(*(''(
 
,3&*,&,(*/

4 
"

5
 $$



6


 

 


7
 
 

 

1



 &
8
 
$
9





1
 



 5


 





 5


1



 
 









 
$


$








$ &
8 
 

 
5

 

1


 

 -
-


1


1
 




"

5








 





 

1



-

 
$


$ 5
7

-
 



 5

$

$


 

-


$



 
-


1

 
$$



$






 


$
 


 5
 

-
 



$
$




$&
9
 

 5 

&
:



 
;
-&
<&
=
#  

8
= 
/)((((((/,
 
*>&()&,(*'&?



 0 0  

 

"+ $

   # #



  ( 3

$ 0  

 "

  +

 5  1/++  

     

 7878  $ 5   

$

$    # 

"

  $ 0 $ ++  8  $  

 $"

  #  " $ + 9  + 

  0     # %(
: 

;
7783 '

 $

  $  4 *&
8


 $

94





 $




 





;9#&
,&












 

&
+&
8


 $

94 


 

 $


&
)&
;$

 $







 

$ $


- 






 &
3&
8


 $

94 


--



;9#&
.&
8


 $

94




-$ $  
 $


 
;
-
<



;9#&
>&
;$

 $





94


- 
 




-$ $  


  
;
-

( <


= 8
 $







;9#

 
$  

 



;9#&?
<

 

  $ +  $   $

  #  # #$

 $ ,$  $"!



$+  $

#$

$ =

  $ +    % 

 $

$  ./ ++  $

$ "

6 $  Hon'ble Supreme Court in the matter of 'CBI, ACB Mumbai v. Narendra Lal Jain and others', reported as (2014) 5 SCC 364, held as under:

13. In the present case, as already seen, the offence with which the respondent-accused had been charged are under Sections 120-B/420 of the Penal Code. The civil liability of the respondents to pay the amount to the Bank has already been settled amicably. The terms of such settlement have been extracted above (see para 3). No subsisting grievance of the Bank in this regard has been brought to the notice of the Court. While the offence under Section 420 IPC is compoundable the offence under Section 120-B IPC is not. To the latter offence the ratio laid down in B.S. Joshi [(2003) 4 SCC 675] and Nikhil Merchant [(2008) 9 SCC 677] would apply if the facts of the given case would so justify. The observation in Gian Singh [(2012) 10 SCC 303] (para 61) will not be attracted in the present case in view of the offences alleged i.e. under Sections 420/120-B IPC.

14. In the present case, having regard to the fact that the liability to make good the monetary loss suffered by the Bank had been mutually settled between the parties and the accused

8 had accepted the liability in this regard, the High Court had thought it fit to invoke its power under Section 482 CrPC. We do not see how such exercise of power can be faulted or held to be erroneous. Section 482 of the Code inheres in the High Court the power to make such order as may be considered necessary to, inter alia, prevent the abuse of the process of law or to serve the ends of justice. While it will be wholly unnecessary to revert or refer to the settled position in law with regard to the contours of the power available under Section 482 CrPC it must be remembered that continuance of a criminal proceeding which is likely to become oppressive or may partake the character of a lame prosecution would be good ground to invoke the extraordinary power under Section 482 CrPC.

: 3 ++0  $  #

 $ + 

$0 ++ $ "$  + $$

  

  0 $   8;*%4 &)#

,$

$ "

 #

,   #   $

0  #

$

 +

> &)  3

 $  = ,

$   

  #

$0 +

$

 $

$  $$ +"+

$> &)3  6   "

 "

 $

 

 0 + "

 $  $   $

,  "+

 +   /   +$   "

# $  $ $ 5  >

<
7 / 0

  " $ +9  +

0       $

 $ +  0 ", ?"+  5   $ "!

$

$ ++0 ./ "

%7



7
:   &$)(7 / 5 
;<7

+ 

5 , 0 $ 

 !

" +0  ++$ "$

$ $ #$ ", $    "

$$  #  

 8778 & '   ()

"

$ 0  0 +"

$ "!

,#  $ $  $
87771  "

 

$

 ",

&$) 0    5$$@+  #   %87
77;<7
<
:/.5 .5777(77

.5 *   
8  +  0  0 # $ # 

    , $  Petition is allowed in above terms.

(4-5 2

*

.

 , -6 -"-