Present : Mr. P.S.Jammu Advocate Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1140411
CourtPunjab and Haryana High Court
Decided OnMay-13-2014
AppellantPresent : Mr. P.S.Jammu Advocate
RespondentState of Punjab and Another
Excerpt:
in the high court of punjab and haryana at chandigarh crm m-40393 of 2013 date of decision : may 13, 2014 balwinder singh @ chhinda and another .....petitioners versus state of punjab and another .....respondents coram: hon'ble mr.justice t.p.s.mann present : mr.p.s.jammu, advocate for the petitioners.mr.navdeep singh, asstt. a.g., punjab for respondent no.1-state. none for respondent no.2 despite service. t.p.s.mann, j. prayer made in the present petition filed by the petitioners under section 482 cr.p.c.is for quashing of fir no.87 dated 30.6.2013 under section 420 ipc registered at police station mukerian, district hoshiarpur. the aforementioned fir was registered on the basis of an application submitted by respondent-gurmeet kaur wherein she mentioned that the petitioners cheated her of an amount of rs.5,00,000/- on the pretext of sending her son jaspreet singh abroad. quashing of the fir is sought on the ground that with crm m-40393 of 2013 -2- the intervention of common friends, relatives and other respectables of the village, a compromise stood effected between the petitioners and gurmeet kaur-respondent. in view of the compromise, gurmeet kaur-respondent did not want to pursue the case against the petitioners.copy of the affidavit executed in this regard by gurmeet kaur-respondent stands appended with the petition as annexure p-2. while issuing notice, a co-ordinate bench of this court vide order dated 29.11.2013 directed the petitioners and gurmeet kaur-respondent to appear before the illaqa magistrate for getting their statements recorded. the illaqa magistrate was directed to determine the authenticity of the compromise arrived at between the parties and the fact that it was reached without any pressure or undue influence. pursuant to the above, report has been received from sub divisional judicial magistrate, mukerian wherein it is mentioned that in terms of the directions issued by this court vide order dated 29.11.2013, gurmeet kaur-respondent on the one hand and both the petitioners.on the other, appeared with their counsel on 20.12.2013 and their statements were recorded. after going through the statements of the parties, it was observed that the matter had been compromised between the parties through the intervention of the respectables. the compromise was crm m-40393 of 2013 -3- genuine, voluntary and without any coercion or undue influence. all the grievances had been settled amicably between the parties. accordingly, while submitting its report, sub divisional judicial magistrate, mukerian has appended the statements of the parties. after obtaining instructions from hc satnam singh, learned state counsel has informed the court that the case is still at the stage of investigation. when the parties have entered into a compromise and gurmeet kaur-respondent has executed an affidavit in that regard, which stands appended with the present petition as annexure p-2 and consequent upon the issuance of directions by this court on 29.11.2013, both the parties appeared before the illaqa magistrate and suffered their respective statements confirming the factum of compromise, this court can exercise its inherent jurisdiction so as to quash the fir. resultantly, the petition is accepted and fir no.87 dated 30.6.2013 under section 420 ipc registered at police station mukerian, district hoshiarpur, is quashed. ( t.p.s.mann ) may 13, 2014 judge ajay-1 kumar-i ajay 2014.05.17 15:19 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-40393 of 2013 Date of Decision : May 13, 2014 Balwinder Singh @ Chhinda and another .....Petitioners VERSUS State of Punjab and another .....Respondents CORAM: HON'BLE Mr.JUSTICE T.P.S.MANN Present : Mr.P.S.Jammu, Advocate for the petitioneRs.Mr.Navdeep Singh, Asstt.

A.G., Punjab for respondent No.1-State.

None for respondent No.2 despite service.

T.P.S.MANN, J.

Prayer made in the present petition filed by the petitioners under Section 482 Cr.P.C.is for quashing of FIR No.87 dated 30.6.2013 under Section 420 IPC registered at Police Station Mukerian, District Hoshiarpur.

The aforementioned FIR was registered on the basis of an application submitted by respondent-Gurmeet Kaur wherein she mentioned that the petitioners cheated her of an amount of Rs.5,00,000/- on the pretext of sending her son Jaspreet Singh abroad.

Quashing of the FIR is sought on the ground that with CRM M-40393 of 2013 -2- the intervention of common friends, relatives and other respectables of the village, a compromise stood effected between the petitioners and Gurmeet Kaur-respondent.

In view of the compromise, Gurmeet Kaur-respondent did not want to pursue the case against the petitioneRs.Copy of the affidavit executed in this regard by Gurmeet Kaur-respondent stands appended with the petition as Annexure P-2.

While issuing notice, a co-ordinate Bench of this Court vide order dated 29.11.2013 directed the petitioners and Gurmeet Kaur-respondent to appear before the Illaqa Magistrate for getting their statements recorded.

The Illaqa Magistrate was directed to determine the authenticity of the compromise arrived at between the parties and the fact that it was reached without any pressure or undue influence.

Pursuant to the above, report has been received from Sub Divisional Judicial Magistrate, Mukerian wherein it is mentioned that in terms of the directions issued by this Court vide order dated 29.11.2013, Gurmeet Kaur-respondent on the one hand and both the petitioneRs.on the other, appeared with their counsel on 20.12.2013 and their statements were recorded.

After going through the statements of the parties, it was observed that the matter had been compromised between the parties through the intervention of the respectables.

The compromise was CRM M-40393 of 2013 -3- genuine, voluntary and without any coercion or undue influence.

All the grievances had been settled amicably between the parties.

Accordingly, while submitting its report, Sub Divisional Judicial Magistrate, Mukerian has appended the statements of the parties.

After obtaining instructions from HC Satnam Singh, learned State counsel has informed the Court that the case is still at the stage of investigation.

When the parties have entered into a compromise and Gurmeet Kaur-respondent has executed an affidavit in that regard, which stands appended with the present petition as Annexure P-2 and consequent upon the issuance of directions by this Court on 29.11.2013, both the parties appeared before the Illaqa Magistrate and suffered their respective statements confirming the factum of compromise, this Court can exercise its inherent jurisdiction so as to quash the FIR.

Resultantly, the petition is accepted and FIR No.87 dated 30.6.2013 under Section 420 IPC registered at Police Station Mukerian, District Hoshiarpur, is quashed.

( T.P.S.MANN ) May 13, 2014 JUDGE ajay-1 Kumar-I Ajay 2014.05.17 15:19 I attest to the accuracy and integrity of this document Chandigarh