Allowed

Deepak Narwal Alias Dulichand and Anr. v. State of Haryana and Anr.

Punjab & Haryana HC19 Apr 2021CRM-M/42211/2020

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR alleging cheating and fraud on the basis of a genuine compromise arrived at between the parties, citing the primacy of settlement over criminal prosecution.

What did the court decide?

FIR No.147 dated 05.06.2020 under Sections 406, 420 IPC and Section 24 of Immigration Act, 1983 and all subsequent proceedings quenched qua petitioners.

Deepak Narwal Alias Dulichand and Anr. Vs State of… — Quashing and FIR | Punjab & Haryana HC (2021)

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CRM-M No.42211 of 2020 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No.42211 of 2020 (O&M) Date of Decision:19.04.2021 (HEARD THROUGH VC)

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Deepak Narwal @ Dulichand and another ...Petitioners

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Versus

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State of Haryana and another

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...Respondents

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CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

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Present:Mr. Yashveer Kharb, Advocate for the petitioners.

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Mr. Dhruv Sihag, AAG, Haryana.

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Mr. Munish Garg, Advocate for respondent No.2-complainant.

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JAISHREE THAKUR, J. (ORAL)

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This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.147 dated 05.06.2020 under Sections 406, 420 IPC and Section 24 of Immigration Act, 1983 (Section 120-B and 370 IPC added later on) registered at Police Station Madhuban, District Karnal and all subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.

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The aforesaid FIR has been registered on the statement of complainant on the allegation of cheating and fraud done by the petitioners in the name of sending him abroad. Now with the intervention of respectable persons, the matter has been amicably compromised between the

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PANKAJ KUMAR 2021.04.20 11:48 I attest to the accuracy and integrity of this document

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CRM-M No.42211 of 2020 (O&M)

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parties and they have resolved their disputes and differences.

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Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before the Illaqa Magistrate for getting their statements recorded in support of the compromise. In pursuance of the direction, a report has been received from Judicial Magistrate 1^st Class, Karnal stating 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, Haryana on instructions from the Investigating Officer and learned counsel for the complainantrespondent No.2 admit the factum of compromise and the counsel for the respondent-State 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 parties and have gone through the record.

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In a decision, based on compromise, none of the parties is a loser. Rather, a 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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Consequently, keeping in view the fact that the dispute has been amicably settled and in view of the law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and

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PANKAJ KUMAR 2021.04.20 11:48 I attest to the accuracy and integrity of this document

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CRM-M No.42211 of 2020 (O&M)

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another, (2014) 6 SCC 466 , this petition is allowed and FIR No.147 dated 05.06.2020 under Sections 406, 420 IPC and Section 24 of Immigration Act, 1983 (Section 120-B and 370 IPC added later on) registered at Police Station Madhuban, District Karnal and all subsequent proceedings arising out of the same are quashed qua petitioners.

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April 19, 2021 (JAISHREE THAKUR) Pankaj* JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No

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PANKAJ KUMAR 2021.04.20 11:48 I attest to the accuracy and integrity of this document

Deepak Narwal Alias Dulichand and Anr. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

Deepak Narwal Alias Dulichand and Anr. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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