Allowed

Amanpreet Kaur @ Amandeep Kaur & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC16 Oct 2014CRM-M/14683/2014

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR and criminal proceedings instituted against petitioners for cheating under Sections 420 and 406 IPC. Relying on the inherent powers under Section 482 Cr.P.C., the Court held that since the dispute was amicably settled via a registered compromise deed, continuing proceedings would be unjust and contrary to public peace.

What did the court decide?

The First Information Report (FIR) and consequent proceedings were quashed, and the accused were discharged from the criminal process.

Amanpreet Kaur @ Amandeep Kaur & Ors. Vs State of… — Quashing and FIR | Punjab & Haryana HC (2014)

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In the High Court for the States of Punjab and Haryana, at Chandigarh

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Amanpreet Kaur @ Amandeep Kaur and others ..Petitioners

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Versus

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State of Punjab and another

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..Respondents

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Coram: �� !��"�#��$��"�!"��

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Present: Mr.Narinder Singh, Advocate for the petitioners. Mr. Rajesh Mehta, Addl.A.G.Punjab for respondent No.1)State Mr. D.S.Randhawa, Advocate for respondent No.2. ******

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By way of this petition � under Section 482 of the Criminal Procedure Code, 1973, (for short,''Cr.P.C'') petitioners, the accused, in First Information Report (for short, FIR) No. 103 dated 27.9.2012 (Annexure P1) under Sections 406, 420, 120)B of the Indian Penal Code, 1860, (for short,''IPC'') recorded at Police Station, Amloh, District Fatehgarh Sahib, seek quashing of the above said FIR by stating that the matter has been amicably settled between them and the complainant/respondent No.2 as evidenced by the deed of compromise dated nil ( Annexure P2).

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FIR was recorded at the instance of respondent No.2, on the allegation that the petitioners cheated complainant) respondent No.2 of lacs of rupees and gold ornaments by giving

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NIRMAL KANT 2014.10.30 16:57 I am the author of this document high court chandigarh

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false assurances of taking him abroad after marrying petitioner No.1 to him. However, now with the intervention of the respectables, complainant/ respondent No.2 has effected a compromise (Annexure P2) and has resolved not to pursue the matter qua the petitioners.

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Vide order dated 2.9.2014, the learned trial Court was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The learned Judicial Magistrate Ist Class, Amloh, has submitted a report dated 29.9.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.

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Respondent No. 2 is being represented through his counsel and the State is represented by Additional Advocate General, who have no objection to the acceptance of this petition.

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From the above it is established that the parties to the lis have resolved the inter se dispute amicably and to live in peace and harmony. In such a situation, the FIR and consequent proceedings need to be quashed. Reference may be made to a Five)Judges Bench � decision of this Court in �)!�*��$��+"�#��$��,!�-��% ��.&�( ��&��( ��/��.&�( �,0��1��.&�( �20��&,!�-��( ��.&�(�32�0��.&�(��.&/1(�32��/��. &�(��4��.�1��.&�(�)04��/ , 5��$��+"�#��$��,!�-��%�&$�( ��&�( ��36�7 � !�+8��&�3 ( �/�1��&�( ��&��(

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It is anybody’s guess that the parties having entered a compromise, possibility of the trial resulting into conviction of the accused is remote and bleak and that being so continuation of criminal proceedings would visit the accused with great oppression, prejudice and extreme injustice. Rather it would be unfair and contrary to the interest of justice, or say abuse of the process of the Court, if the criminal proceedings are allowed to continue. Ends of justice would be met only if the criminal proceedings are put to an end because this would allow the parties to translate their desire to live in peace into reality. The only consideration for the compromise reached between the parties seems to be their desire to bury the hatchet for all times to come. The compromise is also found to be in the interest of public at large, for, it will add to the peace of the society and will promote peaceful co)existence. The Courts are bound to play role of paramount importance in achieving peace, harmony and ever)lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of the Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or

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NIRMAL KANT 2014.10.30 16:57 I am the author of this document high court chandigarh

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would promote savagery.

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In the consequence, I accept the petition, quash the FIR in question as also the proceedings arising therefrom qua the petitioners and discharge them from the proceedings.

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October 16,2014 (MAHAVIR S.CHAUHAN) nk �� JUDGE

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NIRMAL KANT 2014.10.30 16:57 I am the author of this document high court chandigarh

Amanpreet Kaur @ Amandeep Kaur & Ors. v. State of Punjab & Anr.

Case brief

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Amanpreet Kaur @ Amandeep Kaur & Ors. v. State of Punjab & Anr.

Case brief

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