In a petition to quash an FIR for cheating and dowry harassment, the court held that quashing on compromise is not maintainable where the petitioner colluded with co-accused to create a false defense.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr. Misc. M 22365 of 2013 Date of decision:- 21.2.2015
Rajinder Kumar @ Nappy
Petitioner
vs.
State of Punjab and anr
Respondent
Present: Mr. DS Gandhi, Advocate. Mr. Mikhail Kad, AAG, Punjab Mr. Kirpal Singh, Advocate.
M.M.S.BEDI,J.
The petitioner is husband of respondent No.2 Aruna Rani, who had lodged an FIR against the petitioner that he had cleverly opened a business concern in her name and shown her as proprietor of M/S Rajat Enterprises. Loans were taken by committing fraud and compelling her to sign the blank papers. Now the matter has been compromised. The FIR was registered against the petitioner and 3 other accused,namely, Manohar Singh Bhullar, KC Bhatia and Bharat Singh.
I have considered the facts and circumstances of the case. Co-accused of the petitioner are not impleaded as party. It appears that the husband and wife have colluded to create a defence for the petitioner to absolve their criminal liability regarding the criminal activities committed on behalf of M/S Rajat Enterprises.
It has been informed by the learned State counsel, on the instructions of ASI Jarnail Singh, that challan has been presented against the petitioner and one another.
In view of the said circumstances, quashing of FIR on the basis of compromise is not maintainable.
Counsel for the petitioner has submitted that an FIR against the petitioner u/s 406/498-A IPC has been quashed on the basis of compromise. No benefit can be derived of the said quashing in the present petition.
Dismissed.
February 21 ,2015 ( M.M.S.BEDI ) TSM JUDGE
TAPINDER SINGH MANN 2015.02.24 16:36 I attest to the accuracy and integrity of this document
TAPINDER SINGH MANN 2015.02.24 16:36 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether application for quashing of FIR on grounds of compromise is maintainable where collusion with co-accused exists.
Rajinder Kumar @ Nappy
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
