Present: Mr. Sukhdev Kamboj Advocate for Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1120549
CourtPunjab and Haryana High Court
Decided OnJan-15-2014
AppellantPresent: Mr. Sukhdev Kamboj Advocate for
RespondentState of Punjab and Another
Excerpt:
crm no.m-28476 of 2013 1 in the high court of punjab and haryana at chandigarh crm no.m-28476 of 2013. date of decision : 15.01.2014. naresh chand singla and others ...petitioners versus state of punjab and another ...respondents coram : hon'ble mr.justice tejinder singh dhindsa present: mr.sukhdev kamboj, advocate for mr.m.s.gill, advocate for the petitioners.mr.vaibhav sharma, deputy advocate general, punjab mr.ads jattana, advocate for the complainant. *** tejinder singh dhindsa, j.(oral) the present petition has been filed under section 482 cr.p.c.for quashing of fir no.136 dated 14.08.2013 under sections 420/465/467/468/471/120-b ipc, registered at police station city kharar, district sas nagar. learned counsel for the petitioners would submit that a compromise has been arrived at between the parties and in this regard would advert to a compromise deed dated 19.08.2013 placed on record at annexure p-2. a perusal of the said compromise deed would reveal that a payment of `22 lacs vide cheque no.038787 dated 19.08.2013 drawn on uco bank, kharar has been paid by the petitioners to the complainant namely asha rani, wife of late sh. balbir parkash bakshi. such amount has been paid in lieu of her kanchan 2014.01.20 10:49 i attest to the accuracy and integrity of this document chandigarh crm no.m-28476 of 2013 2 25% share in the capital of the partnership firm and after reconciling the accounts. the complainant asha rani is present in the court today and is represented through counsel, who duly identifies her. she also makes a statement that in the light of compromise deed dated 19.08.2013, she would have no objection if the fir be quashed. even the investigating officer asi harpal singh has stated that the matter has been compromised between the parties. heard. in appropriate cases, where the dispute is essentially civil in nature, this court would have the power to intervene and quash criminal proceedings under section 482 cr.p.c.a reference in this regard may be made to the full bench decision of this court in kulwinder singh versus state of punjab, 2007(3) rcr (criminal) 1052. since the matter has been amicably resolved, i am of the considered view that the present petition deserves to be allowed. accordingly, fir no.136 dated 14.08.2013 under sections 420/465/467/468/471/120-b ipc, registered at police station city kharar, district sas nagar and all proceedings therefrom stands quashed. petition allowed. january 15, 2014. (tejinder singh dhindsa) kanchan judge kanchan 2014.01.20 10:49 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM No.M-28476 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-28476 of 2013.

Date of Decision : 15.01.2014.

Naresh Chand Singla and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM : HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA Present: Mr.Sukhdev Kamboj, Advocate for Mr.M.S.Gill, Advocate for the petitioneRs.Mr.Vaibhav Sharma, Deputy Advocate General, Punjab Mr.ADS Jattana, Advocate for the complainant.

*** Tejinder Singh Dhindsa, J.(Oral) The present petition has been filed under Section 482 Cr.P.C.for quashing of FIR No.136 dated 14.08.2013 under Sections 420/465/467/468/471/120-B IPC, registered at Police Station City Kharar, District SAS Nagar.

Learned counsel for the petitioners would submit that a compromise has been arrived at between the parties and in this regard would advert to a compromise deed dated 19.08.2013 placed on record at Annexure P-2.

A perusal of the said compromise deed would reveal that a payment of `22 lacs vide cheque No.038787 dated 19.08.2013 drawn on UCO Bank, Kharar has been paid by the petitioners to the complainant namely Asha Rani, wife of Late Sh.

Balbir Parkash Bakshi.

Such amount has been paid in lieu of her Kanchan 2014.01.20 10:49 I attest to the accuracy and integrity of this document chandigarh CRM No.M-28476 of 2013 2 25% share in the capital of the partnership firm and after reconciling the accounts.

The complainant Asha Rani is present in the Court today and is represented through counsel, who duly identifies her.

She also makes a statement that in the light of compromise deed dated 19.08.2013, she would have no objection if the FIR be quashed.

Even the Investigating Officer ASI Harpal Singh has stated that the matter has been compromised between the parties.

Heard.

In appropriate cases, where the dispute is essentially civil in nature, this Court would have the power to intervene and quash criminal proceedings under Section 482 Cr.P.C.A reference in this regard may be made to the Full Bench decision of this Court in Kulwinder Singh versus State of Punjab, 2007(3) RCR (Criminal) 1052.

Since the matter has been amicably resolved, I am of the considered view that the present petition deserves to be allowed.

Accordingly, FIR No.136 dated 14.08.2013 under Sections 420/465/467/468/471/120-B IPC, registered at Police Station City Kharar, District SAS Nagar and all proceedings therefrom stands quashed.

Petition allowed.

January 15, 2014.

(TEJINDER SINGH DHINDSA) kanchan JUDGE Kanchan 2014.01.20 10:49 I attest to the accuracy and integrity of this document chandigarh