Allowed

Anita Salaria @ Anita and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC3 Dec 2016CRM-M/35140/2016

Case brief

AI extract

What is this about?

The Single Judge of the Punjab and Haryana High Court allowed a petition under Section 482 CrPC to quash an FIR registered for cheating and forgery offences. The court held that since the parties had amicably settled the dispute without coercion, further prosecution was an exercise in futility.

What did the court decide?

FIR No.250 dated 25.12.2010 and all subsequent proceedings arising out of the same are quashed qua the petitioners.

Anita Salaria @ Anita and Ors. Vs… — Contract and Commercial Disputes | Punjab & Haryana HC (2016)

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In the High Court of Punjab and Haryana at Chandigarh

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Criminal Misc. No.M-35140 of 2016

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.....

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Date of decision:3.12.2016

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Anita Salaria alias Anita and others

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.....Petitioners

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State of Punjab and another

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.....Respondents

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Coram: Hon'ble Mr. Justice Inderjit Singh

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.....

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Present: Mr. Kuldeep Singh, Advocate for the petitioners.

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Mr. D.S. Virk, Assistant Advocate General, Punjab for the respondent-State.

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None for the complainant-respondent No.2.

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Inderjit Singh, J.

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This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.250 dated 25.12.2010 (Annexure-P.1) registered for the offences under Sections 420, 467, 468 and 471 IPC at Police Station Dinanagar, District Gurdaspur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

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The FIR has been registered on the statement of complainantVikram on the allegations that the accused-petitioners by hatching conspiracy have cheated him. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been

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Harpal Singh Parmar 2016.12.09 16:05 I attest to the accuracy and authenticity of this document Chandigarh

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Cr. Misc. No.M-35140 of 2016

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[2]

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entered into between the parties, therefore, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Gurdaspur has sent his report dated 25.10.2016 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

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Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

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I have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and have gone through the record.

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In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

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Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this

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Harpal Singh Parmar 2016.12.09 16:05 I attest to the accuracy and authenticity of this document Chandigarh

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Cr. Misc. No.M-35140 of 2016

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[3]

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petition is allowed and FIR No.250 dated 25.12.2010 (Annexure-P.1) registered for the offences under Sections 420, 467, 468 and 471 IPC at Police Station Dinanagar, District Gurdaspur and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.

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December 3, 2016. (Inderjit Singh) Judge hsp NOTE: Whether speaking/reasoned: Yes Whether reportable: No

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Harpal Singh Parmar 2016.12.09 16:05 I attest to the accuracy and authenticity of this document Chandigarh

Anita Salaria @ Anita and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Anita Salaria @ Anita and Ors. v. State of Punjab and Anr.

Case brief

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