Didar Singh and Another Vs State of Punjab and… — Cheating and Forgery | Punjab & Haryana HC (2025)

Didar Singh and Another Vs State of Punjab and… — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No.18 dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Police Station Punjab State Crime, SAS Nagar, Mohali, and all subsequent proceedings arising therefrom, qua the petitioners, on the basis of compromise dated 10.03.2025 (Annexure P-2).

Issue for consideration

Whether FIR No.18 dated 03.05.2024 registered under Sections 420, 465, 468 and 471 of IPC at Police Station Punjab State Crime, SAS Nagar, Mohali, and all subsequent proceedings arising therefrom, can be quashed on the basis of compromise dated 10.03.2025 (Annexure P-2) between the parties.

Court's answer

Since the compromise between the parties stands genuine (voluntary and without coercion or undue influence, per the Magistrate's report) and its factum is undisputed by the State and respondent No.2, no useful purpose would be served by continuing the proceedings before the trial Court in the instant FIR.

Ratio / Principle

Following the principles laid down by the Full Bench of this Court in Kulwinder Singh (2007 (3) RCR (Criminal) 1052) and approved by the Hon'ble Supreme Court in Gian Singh ((2012) 10 SCC 303), the petition is allowed and FIR No.18 dated 03.05.2024 and all subsequent proceedings arising therefrom are quashed qua the petitioners on the basis of compromise dated 10.03.2025 (Annexure P-2).

Detailed headnote1 paragraphs

Quashing of FIR on the basis of compromise — Petition under Section 528 BNSS for quashing FIR No.18 dated 03.05.2024, registered under Sections 420, 465, 468 and 471 IPC at Police Station Punjab State Crime, SAS Nagar, Mohali, and subsequent proceedings arising therefrom, on the basis of compromise dated 10.03.2025. Pursuant to this Court's order dated 28.03.2025, statements were recorded before the Judicial Magistrate 1st Class, S.A.S. Nagar, whose report dated 16.04.2025 confirmed the compromise was effected voluntarily, without coercion or undue influence; State counsel and counsel for respondent No.2 did not dispute the compromise. Following the Full Bench principles of this Court in Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Criminal) 1052, approved by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court held continuance of trial proceedings would serve no useful purpose, allowed the petition and quashed the FIR and subsequent proceedings qua the petitioners. Bench: Manisha Batra, J. (single Judge, oral). Decision dated 12.05.2025.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

346

CRM-M No.16987 of 2025 Date of decision: 12.05.2025

DIDAR SINGH AND ANOTHER …. Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

…. Respondents

CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA

Present : M r . Bhupinder Singh Kudra, Advocate for the petitioners.

M r . Vivek Sharma, A.A.G., Punja b .

M r . Ravikant Berwal, Advocate f o r respondent No.2. ********

MANISHA BATRA, J. (oral)

T h e present petition has been file d under Section 528 of Bharatiy a Nagarik Surak s ha Sanhita, 2023 (for short-‘B N SS’) for quashing of FIR No.1 8 dated 03.05.2024 registered under Sections 4 2 0, 465, 468 and 471 of IPC a t Police Station P unjab State Crime, SAS Naga r , Mohali and all the subsequen t proceedings ar i sing therefrom, on the basis o f compromise dated 10.03.202 5 (Annexure P-2 ) .

2 . T h is Court vide order dated 28.0 3 .2025 had directed the parties t o appear before t he trial Court to get their statements recorded and the learne d Magistrate w a s directed to send its repor t qua the genuineness of th e compromise.

P u rsuant to the aforesaid order, p arties have appeared before th e learned Judici a l Magistrate 1^st Class, S.A.S. N agar and got their statement s recorded. On t h e basis of the statements so r e corded, learned Magistrate ha s submitted repo r t dated 16.04.2025 to the effe c t that the compromise has bee n

Jyoti 2025.05.12 17:41 I attest to the accuracy and integrity of this document

CRM-M No.16987 of 2025 - 2-

effected between the parties voluntarily and w ithout any coercion or undu e

influence.

L e arned State counsel as well a s counsel for respondent No. 2 have not dispu t ed the factum of compromise b e tween the parties.

In view of the above, no usef u l purpose would be served t o continue with t h e proceedings before the trial C ourt in the instant FIR. 6. F o llowing the principles laid dow n by the Full Bench judgment o f this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and a p proved by the Hon’ble Suprem e Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 , this petition i s allowed and FIR No.18 dat e d 03.05.2024 registered unde r Sections 420, 4 65, 468 and 471 of IPC at Police Station Punjab State Crime , SAS Nagar, M ohali and all subsequent proce e dings arising therefrom on th e basis of comp r omise dated 10.03.2025 (Ann e xure P-2) are quashed qua th e petitioners.

(MANISHA BATRA) 12.05.2025 JUDGE Jyoti-IV Whether speaking/reasoned: Ye s /No. Whether reportable : Ye s /No

Jyoti 2025.05.12 17:41 I attest to the accuracy and integrity of this document