The court quashed an FIR under cheating and forgery provisions along with consequent criminal proceedings after recording a judicial report of a voluntary compromise between petitioners and the complainant.
FIR No. 75 dated May 23, 2005 and all criminal proceedings arising therefrom quashed.
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Crl. Misc. No.M-35859 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-35859 of 2009
Date of Decision: May 13, 2010
Pawan Kumar Sharma and others
…..Petitioners
Vs.
State of U.T. Chandigarh and another
…..Respondents
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. K.D.S. Sandhu, Advocate for the petitioners.
Mr.P.K. Khindria, Advocate for U.T.
-.-
M.M.S. BEDI, J. (ORAL)
Petitioners seek quashing of FIR No. 75 dated May 23, 2005 under Sections 419, 420, 467, 468, 471, 120B IPC, registered at Police Station Industrial Area, Chandigarh, on the basis of compromise.
As per the allegations in the FIR, the petitioners being employees of the firm of complainant had misappropriated the money of the firm by opening fake accounts in the bank and depositing the cheques of the
Crl. Misc. No.M-35859 of 2009 [2]
firm in their account. Now the matter has been compromised. The complainant has admitted that on the basis of compromise he does not want to pursue the case against the petitioners. The matter was sent to the Judicial Magistrate Ist Class, Chandigarh, to record the statements of the parties regarding the compromise.
Parties have appeared before the said Court and proved compromise deed dated February 4, 2010. The Judicial Magistrate has forwarded a report that the parties have entered into compromise voluntarily with free consent.
In view of above circumstances, the FIR can be quashed on the basis of compromise in view of Full Bench judgment of this Court in Kulwinder Singh Vs. State of Punjab , 2007 (3) RCR (Crl.) 1052.
Petition is allowed. FIR No. 75 dated May 23, 2005 under Sections 419, 420, 467, 468, 471, 120B IPC, Police Station Industrial Area, Chandigarh and all the criminal proceedings arising therefrom are hereby quashed.
May 13, 2010 (M.M.S.BEDI) sanjay JUDGE
1 issue framed by the court
Whether an FIR under Sections 419, 420, 467, 468, 471, 120B IPC can be quashed on the basis of a voluntary compromise.
Colour shows how this judgement treated each authority
Kulwinder Singh Vs. State of PunjabReferred¶22
Kulwinder Singh Vs. State of Punjab, 2007 (3) RCR (Crl.) 1052
Pawan Kumar Sharma
State of U.T. Chandigarh
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
