The Court quashed an FIR under Sections 420, 406, 34 IPC for cheating due to a registered compromise between the petitioner and the complainant, finding no useful purpose in prolonging litigation.
FIR No. 67 dated 12.09.2011 and all consequential proceedings qua petitioners are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Crl. Misc. No. M-11805 of 2012 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: August 27, 2012 Crl. Misc. No. M-11805 of 2012 (O&M)
Punjab Kumar and others
…petitioners
Versus
State of Punjab and another
…Respondents
CORAM: HON’BLE MS. JUSTICE RITU BAHRI
Present: Mr. Avtar Singh Bhatti, Advocate for the petitioners.
Mr. P.S. Bajwa, DAG, Punjab
RITU BAHRI, J. (Oral)
Quashing of FIR No. 67 dated 12.09.2011 (P-1) under Sections 420, 406, 34 IPC, registered at P.S. Hariana, District Hoshiarpur is sought on
the basis of compromise dated 16.04.2012 (Annexure P-2) and all the subsequent proceedings arising therefrom qua petitioners.
As per allegations in the FIR, the complainant Tilak Chand has given some money for sending him abroad. The complainant had agreed to pay Rs. One lac for going abroad. The petitioner had handed over his passport and Rs. 55,000/-. Neither he was given any passport nor sent him abroad. In this background FIR was registered.
During the pendency of investigation, status report dated 02.06.2012 has been sent by Judicial Magistrate, First Class, Hoshiarpur, the
Crl. Misc. No. M-11805 of 2012 (O&M)
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matter has been compromised. In compliance of order dated 25.04.2012, the statement of Tilak Chand has been recorded on 01.06.2012 to the effect that all the accused Punjab Kumar, Pardip Kumar, Sandip Kumar and Aman Kumar had taken Rs. 55,000/- for sending him to Quwait and intervention of the respectable members of the society the compromise has been effected between the parties and he has no objection if the FIR is quashed. The statement of all the accused has been recorded to the same effect.
Consequently, in view of the status report 04.06.2012 and in view of the judgment of the Hon'ble Supreme Court in the case of Madan
Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 , the law
laid down by the Full Bench of this Court in the case of Kulwinder Singh
and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052 , no
useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 67 dated 12.09.2011 (P-1) under Sections 420, 406, 34 IPC, registered at P.S. Hariana, District Hoshiarpur is quashed with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of.
(RITU BAHRI)
JUDGE
August 27, 2012 Atul
1 issue framed by the court
Whether the FIR should be quashed on the basis of a compromise between the parties.
Colour shows how this judgement treated each authority
Madan Mohan Abbot vs. State of PunjabReferred¶23
Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429
Kulwinder Singh and Ors. vs. State of Punjab and anotherReferred¶25
Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052
Punjab Kumar and others
State of Punjab and another
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
