Full Judgment
In the High Court of Punjab and Haryana at Chandigarh .....Criminal Misc.
No.M-27869 of 2013 ....Date of decision:26.5.2014 Harminder Singh and another .....Petitioners v.
State of Punjab and another .....Respondents ...Coram: Hon'ble Mr.Justice Inderjit Singh ....Present: Mr.Ramesh Sharma, Advocate for the petitioneRs.Mr.Jaspreet Singh, Assistant Advocate General, Punjab for the respondent-State.
Mr.R.K.Guggal, Advocate for complainant-respondent No.2....Inderjit Singh, J.
This petition has been filed under Section 482 Cr.P.C.praying for quashing of FIR No.0047 dated 24.3.2008 (Annexure-P.1) registered for the offences under Sections 420 and 120-B IPC at Police Station City Sunam, District Sangrur and all subsequent proceedings arising therefrom in view of the compromise dated 20.7.2013 (Annexure- P.2).The FIR has been registered on the statement of complainant- Gurnam Singh on the allegation that the petitioners and Nirmal Singh alias Kaka advised him that they will settle his son in America, but they Parmar Harpal Singh 2014.05.29 10:19 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-27869 of 2013 [2].used to take `20 lakhs from the person to settle him in America, but as the complainant is known to Nirmal Singh alias Kaka, they would charge `9 Lacs.
Thereafter, the complainant paid `5 Lacs to Harminder Singh at his house in the presence of Pritpal Singh (Ex-Chairman) and Baljeet Singh.
Nirmal Singh was also present.
Thereafter, the son of the complainant was taken from Sunam to Thailand and they received a telephonic call from their son that they have to pay `2.50 Lacs more to Harminder Singh so that complainant's son would travel from Thailand to America and the complainant paid the money to Harminder Singh, but after two months his son returned back and told him that fraud had been played with them as during his stay at abroad, he was not given food.
In this manner, the petitioners have cheated him.
Now with the intervention of respectables and family friends, the matter has been amicably settled between the parties and the complainant does not want to pursue the case and compromise has been effected.
Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Sub Divisional Judicial Magistrate, Sunam for getting their statements recorded in support of the compromise.
After doing the needful, learned Sub Divisional Judicial Magistrate has sent his report dated 13.5.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.
Complainant Gurnam Singh has stated that compromise has been arrived at with the accused-petitioners without any pressure or coercion and he Parmar Harpal Singh 2014.05.29 10:19 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-27869 of 2013 [3].has no objection if the FIR is quashed.
Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant- respondent No.2 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.
I have gone through the record and have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondent No.2.
In a decision, based on compromise, none of the parties is a loser.
Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society.
After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.
The Hon'ble Supreme Court in Gian Singh v.
State of Punjab and another, 2012 (4) RCR (Cr.) 543, has held that the inherent jurisdiction of this Court under Section 482 Cr.P.C.can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc.or the family disputes where the wrong is basically private or Parmar Harpal Singh 2014.05.29 10:19 I attest to the accuracy and integrity of this document Chandigarh Cr.
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No.M-27869 of 2013 [4].personnel in nature and the parties have resolved their entire dispute even though they are not compoundable.
Therefore, keeping in view the fact that the matter has been amicably settled and the law laid down in Gian Singh v.
State of Punjab and another (supra).this petition is allowed and FIR No.0047 dated 24.3.2008 (Annexure-P.1) registered for the offences under Sections 420 and 120-B IPC at Police Station City Sunam, District Sangrur and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners only.
However, the proceedings qua other accused will continue.
May 26, 2014.
(Inderjit Singh) Judge *hsp* Parmar Harpal Singh 2014.05.29 10:19 I attest to the accuracy and integrity of this document Chandigarh