Bahadur Singh & Another vs State Of Punjab & Another on 14 January, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
                           -.-

                                              Crl.Misc.No. M-9447 of 2008
                                              Date of Decision:-14.1.2009


Bahadur Singh & another                         .... Petitioner(s)

                              Versus

State of Punjab & another                       .... Respondents

CORAM: HON’BLE MR. JUSTICE M.M.S.BEDI.

Present:- Mr. Pankan Jain, Advocate, for the petitioner(s).

Mr. R.S.Rawat, AAG, Punjab.

Mr. D.D.Bansal, Advocate, for respondent No.2.

M.M.S.BEDI. (J) (Oral)

Petitioners seek quashing of FIR No. 96, dated 22.4.1998, under

Sections 420, 467, 468, 471, 120-B IPC, registered at Police Station Mohali,

at the instance of Satnam Singh respondent No.2. The allegation against the

petitioners is that they had cheated the complainant to deprive him from

Rs.1 lac. Petitioners had represented that they were owners of a plot which

was sought to be sold to the complainant, but as a matter of fact, the

petitioners were not the owners.

Notice of motion was issued. Respondent No.2 along with his

counsel is present in Court and submitted that he has already received a sum

of Rs.1 lac back from the petitioner and that he acknowledges that the

petitioner has entered into the compromise in the capacity as General Power

of Attorney, as original. A reply has also been filed.

Learned State counsel informs that FIR was registered in the year

1994 and the entire evidence has been led and the case is now fixed for

recording statements of all the accused under Section 313 Cr.P.C on

31.1.2009.

Crl.Misc.No. M-9447 of 2008 -2-

I am satisfied that the matter has been compromised and that the

complainant does not have any grievance against the petitioner. I am also of

the opinion that FIR can be quashed in view of the ratio of Full Bench

judgment in case of Kulwinder Singh & Ors VS. State of Punjab, 2007

(3)RCR (Crl) 1052, but in view of stage of the trial i.e. when the entire

evidence has been led and the case is fixed for recording of statement of

accused under Section 313 Cr.P.C, it is not deemed appropriate to quash the

FIR on the basis of compromise. However, factum of compromise and the

complainant having been compensated for the alleged loss suffered by him

can be taken into consideration during trial. It will be open to the trial Court

to take the said circumstances as mitigating circumstances either to give the

benefit of doubt or to grant any other relief to the petitioners.

Without expression of any opinion on merits, this petition is

dismissed having been filed at penultimate stage of the trial.

January 14, 2009                                                 (M.M.S.Bedi)
tripti                                                             Judge