Amanpreet Singh v. State Of Punjab And Another

303 + 304

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: January 16, 2024 CRM-M-24284-2023 AMANPREET SINGH ........Petitioner

Versus

STATE OF PUNJAB AND ANOTHER ........Respondents CRM-M-42856-2023 RAMAN KUMAR ........Petitioner

Versus

STATE OF PUNJAB AND OTHERS ........Respondents CRM-M- 49194-2023 KULDEEP SINGH SIDHUPUR ........Petitioner

Versus

STATE OF PUNJAB AND OTHERS ........Respondents RAMNEET SINGH ........Petitioner

Versus

STATE OF PUNJAB AND ANOTHER ........Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Virendra Pratap Singh, Advocate for petitioner in CRM-M-42856-2023 and CRM-M- 49194-2023.

Mr. Samdish Sahdev, Advocate for petitioner in CRM-M-24284-2023.

Mr. Atul Goyal, Advocate for the petitioner in CRM-M- 45666-2023.

Mr. Rohit Sharma, Advocate for respondent No.2 in CRM-M-24284-2023.

Mr. Raman Garg, Advocate for respondent No.3 in CRM-M-42856-2023.

**** HARKESH MANUJA, J. (ORAL) This order of mine shall dispose of the aforementioned four petitions as they have arisen from a common FIR bearing No.28 dated 09.06.2021. For convenience, facts are being drawn from CRM-M24284-2023.

-22.

By way of present petition filed under Section 482 Cr.P.C. the petitioners pray for quashing of case FIR No.28 dated 09.06.2021 registered under Sections 120-B and 420 IPC at P.S. Jaurkian, District Mansa along with all consequential proceedings arising out of the same on the basis of compromise dated 03.08.2021 (Annexure P-2). 3.

As per allegations levelled in the FIR, the petitioners duped the complainant of Rs.5,00,000/- on the pretext of getting him employed in Government job.

4.

Vide order passed on different dates in all the cases, both the parties were directed to appear before the trial Court for getting their statements recorded as regards the veracity of the compromise arrived at between them. In pursuance thereof, separate reports in all the respective cases have been received from the concerned Court, stating that the compromise in the present case is genuine and voluntary. 5.

Learned counsel for the petitioners submits that once, a compromise has been arrived at between the parties without any pressure and complainant-Sapandeep Singh has no objection as regards quashing of FIR as well as all other subsequent proceedings arising out of the same against the petitioners; the dispute purely personal in nature, there does not appear to be any impediment as regards quashing of present FIR. He also submits that even, 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

-3render complete quietus to the aforementioned dispute by quashing the FIR on the basis of compromise entered into between the parties. On the other hand, learned State counsel submits that allegations in the present FIR are of serious nature and he opposes the prayer made in the petition.

7.

I have heard learned counsel for the parties and gone through the records including the report dated 12.01.2024. 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 directions issued by this 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". 8.

Thus, in view of the aforesaid report, accompanied by statements of both the parties as well as keeping in mind the law laid down in the aforementioned judgments, the petition is allowed and FIR No.28 dated 09.06.2021 registered under Sections 120-B and 420 IPC at P.S. Jaurkian, District Mansa along with all consequential proceeding arising therefrom, are hereby quashed.

-49.

The aforesaid order shall, however, be subject to payment of Costs of Rs.20,000/-(Rs.5,000/- each) out of which Rs.10,000/- is to be deposited with the Poor Patients' Welfare Fund, PGIMER, Chandigarh and the balance amount with Bharat Sewak Samaj, Nehru Bhawan, Sector24 Chandigarh, within a period of two weeks from today. 16.01.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No