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High Court of Punjab and HaryanaCRM-M/30610/2025disposed of

Lovedeep Kaur v. State Of Punjab And Another

2025-08-18Mr. Justice Surya Partap Singh3 pages

In the High Court of Punjab and Haryana, at Chandigarh Date of Decision: 18.08.2025 Lovedeep Kaur ... Petitioner(s)

Versus

State of Punjab and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Surya Partap Singh.

Present:

Mr. Nikhil Kumar Vashisht, Advocate for the petitioner(s).

Mr. Rohit Bansal, Senior Deputy Advocate General, Punjab, for the respondent No.1.

Mr. Dushyant Singh, Advocate for the respondent No.2.

Surya Partap Singh, J.

1.

By invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS"), the present petition has been filed for quashing of FIR No. 83 dated 27.06.2021, registered under Sections 406 and 420 of the Indian Penal Code, 1860, and Section 13 of the Punjab Travel Professional (Regulation) Act, 2014, Police Station Maqsudan District Jalandhar Rural, Punjab. It has been claimed by the petitioner that for lasting peace and harmony in the vicinity/society, the parties have entered into compromise and settled the dispute amicably. 2.

The above said FIR has been lodged for the commission of offences punishable under Sections 406 and 420 IPC and Section 13 of the Punjab Travel Professional (Regulation) Act, 2014. 3.

The above referred FIR has been lodged with brief allegations that the complainant-Rajinder Singh had given ₹7,00,000/- to Navdeep Kaur, Gurpal Singh, Palwinder Kaur and Sahib Preet Singh to send his son Preet

Simran to England from Cyprus. On filing a complaint, Palwinder Kaur, on 12.07.2019, had entered into an agreement with the complainant that she would pay ₹4,40,000/- to him on 01.08.2019 and another sum of ₹2,50,000/- would be returned by her daughter, namely Lovedeep Kaur. As a consequence thereof, on 09.10.2019, the above said Palwinder Kaur returned the amount of ₹4,40,000/-, but, Lovedeep Kaur failed to fulfill her promise. Thereafter, the petitioner was declared proclaimed offender by virtue of order dated 19.11.2022 by the learned Judicial Magistrate 1st Class, Jalandhar. But later on, the aforesaid order was quashed by this Court vide order dated 17.05.2023 passed in the petition i.e. Criminal Misc. No. M8305 of 2023. 4.

Once the petition was filed, for the verification of genuineness of the alleged compromise, by virtue of order dated 29.05.2025, the parties were directed to appear before the learned trial Court and get their statements recorded. It was further directed that the learned trial Court, after recording of their statements, would report as to whether the compromise is genuine and voluntary.

5.

In response to the above mentioned direction, the learned Judicial Magistrate 1st Class, Jalandhar, has submitted his report and recorded the observation that the compromise arrived at between the parties is genuine, voluntary and without any coercion or undue influence. 6.

As far as the offence allegedly committed by the petitioner is concerned, a perusal of the record shows that the offence punishable under Section 406 IPC, for which the petitioner has been prosecuted, is noncompoundable. However, in view of cumulative effect of the following

factors:- i) that the occurrence involved in the present case is purely personal and private in nature;

ii) that there is no criminal history of the petitioner; iii) that the dispute between the parties is predominantly of civil character;

iv) that it does not involve heinous and serious offence of mental depravity;

v) that the action of petitioner does not have a serious impact on the society; and vi) the cause of administration of criminal justice system would remain unaffected on acceptance of the amicable settlement between the parties.

in my considered opinion, the instant case is a fit case wherein the jurisdiction vested in this Court by virtue of Section 482 Cr.P.C. should be exercised and the FIR is quashed.

8.

Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned and to secure the ends of justice, the present petition is hereby accepted and the FIR No. 83 dated 27.06.2021, registered under Sections 406 and 420 of the Indian Penal Code, 1860, and Section 13 of the Punjab Travel Professional (Regulation) Act, 2014, Police Station Maqsudan District Jalandhar Rural, Punjab and the consequential proceedings arising therefrom, are hereby ordered to be quashed.

(Surya Partap Singh) Judge August 18, 2025 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No