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High Court of Punjab and HaryanaCRM-M/49634/2022allowed

Udham Singh v. State Of Punjab And ANR

2023-02-14Mr. Justice Harkesh Manuja3 pages

--1-- 250 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION:-14.02.2023 Udham Singh

...Petitioner.

vs.

State of Punjab and another

...Respondents..

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Naveen Bawa, Advocate for the petitioner.

Mr. Ravinder Singh, AAG, Punjab Mr. Vishnu Dutt, Advocate, for respondent No.2.

**** HARKESH MANUJA, J.

By way of present petition under Section 482 Cr.P.C., the petitioner prays for quashing of FIR No.150 dated 31.12.2020, under Sections 420, 120-B IPC and Section 24 of Immigration Act, 1983, registered at Police Station Division No.1, District Ludhiana (Annexure P1) along with all consequential proceedings arising therefrom on the basis of compromise dated 12.10.2022 (Annexure P-2). 2.

As per the allegations levelled in the FIR, the petitioner along with Gulshan Rana cheated the complainant on the pretext of sending him abroad on work permit. Accused-Gulshan Rana has not approached this Court for quashing of FIR in question.

3.

In pursuance to an order dated 28.10.2022 passed by this Court, whereby the parties were directed to appear before the trial court for getting

--2-- their statements recorded as regards the veracity of the compromise arrived at between them, a report dated 17.12.2022 has been received from the concerned court, stating that the compromise between the complainantGurpreet Singh and accused-Udham Singh is valid, genuine, voluntary and without any coercion or undue influence. It also finds mentioned that there are 02 accused, namely, Udham Singh and Gulshan Rana, however, Gulshan Rana is yet to be arrested. No accused has been declared as PO. There is no other criminal case pending against the petitioner. 4.

Thus once, the compromise has been arrived at between the parties without any pressure and respondent No.2 has no objection as regards quashing of FIR as well as all other subsequent proceedings arising out of the same against the petitioner; there does not appear to be any impediment as regards quashing of present FIR qua the petitioner. Even otherwise, 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 render complete quietus to the aforementioned dispute by quashing the FIR on the basis of compromise entered into between the parties.

5.

The parties having settled their dispute so as to live in peace in furture, 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 direction issued by the 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.

--3-- Further, learned counsel for the petitioner, while placing reliance upon the judgments passed by the Hon'ble Supreme Court in Jayrajsinh Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R. (Criminal) 589 and this Court in Joginder Singh & another Vs. State of Punjab and another, passed in CRM-M-23739- 2010 decided on 27.04.2011, Rajinder Singh Vs. State of Punjab & another, passed in CRM-M- 37395-2016 decided on 16.05.2017 and Vimal Kalra & others Vs. State of Punjab & another, passed in CRMM-20355-2022, decided on 25.07.2022 submits that partial quashing of the FIR is possible on the basis of a compromise.

6.

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 FIR No.150 dated 31.12.2020, under Sections 420, 120-B IPC and Section 24 of Immigration Act, 1983, registered at Police Station Division No.1, District Ludhiana (Annexure P1) as well as all the subsequent proceedings arising therefrom are hereby quashed qua the petitioner only.

7.

Accordingly, petition stands allowed subject to payment of costs of Rs.20,000/- to be deposited with the Punjab and Haryana High Court Association Lawyer's Family Welfare Fund having Account No.41564846387 with State Bank of India, High Court Branch, Chandigarh, within a period of two weeks from today.

14.02.2023 (HARKESH MANUJA) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No