Angrej Kaur Dhaliwal And ORS v. State Of Punjab And ANR

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-26088 of 2019 (O&M) Date of decision: November 08, 2019 Angrej Kaur Dhaliwal and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Arunjeet Singh Kakkar, Advocate for Mr. G.S. Sandhu, Advocate for the petitioners.

Mr. Rakeshinder Singh Sidhu, A.A.G. Punjab.

Mr. M.S. Bajwa, Advocate for Mr. N.K. Manchanda, Advocate for respondent No.2.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.196 dated 21.11.2018 (Annexure P-1), registered for offences punishable under Sections 420 read with Section 120-B of Indian Penal Code (for short 'IPC') at Police Station City Muktsar, District Sri Muktsar Sahib, along with all consequential proceedings arising therefrom, on the basis of the compromise dated 18.05.2019 (Annexure P-2).

As per case of the prosecution, petitioners in connivance with some other persons had a deal with respondent No.2 to send him Australia on payment of `22 lakhs. A sum of `10,51,000/-was paid to the petitioners. In the complaint, respondent No.2 had named 9 persons, out of which 4

-2were found innocent and FIR was registered against the petitioners. Learned counsel for the petitioners submits that the matter is still under investigation and the parties have settled the dispute through compromise, copy of which has been placed on file as Annexure P-2. Learned counsel for respondent No.2-complainant endorses the submission of learned counsel for the petitioners and has no objection if the impugned FIR (Annexure P-1) is quashed.

Learned State counsel on instructions from ASI Amarjit Singh has also not disputed compromise (Annexure P-2). In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 19.07.2019 stating therein that the compromise has been effected between the complainant and the accused with their free volition, without any inducement, threat, promise, coercion or undue influence from any quarter. . Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR No.196 dated 21.11.2018 (Annexure P-1), registered for offences punishable under Sections 420 read with Section 120-B IPC at Police Station City Muktsar, District Sri Muktsar Sahib along

-3with all consequential proceedings arising therefrom, qua petitioners, is quashed.

(SURINDER GUPTA) November 08, 2019 JUDGE Sachin M.

Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No