Crl.Misc.No.M-29855 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.Misc.No.M-29855 of 2008
Date of Decision: 11.2.2009
Ashok Kumar and others .....Petitioners
Vs.
State of Punjab and another ....Respondents
....
CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA
****
Present : Mr. Ashok Jindal, Advocate for the petitioners.
Mr. Abhishek Chautala, AAG, Punjab, for respondent no.1.
Mr. A.D.S. Jattana, Advocate for respondent no.2.
….
RAJIVE BHALLA, J (Oral)
Prayer in this petition, filed under Section 482 of the Code of
Criminal Procedure, is for quashing of FIR No.32 dated 5.4.2002,
registered under Sections 408/120-B of the Indian Penal Code, at Police
Station Nahianwala, Distt. Bathinda, and all subsequent proceedings
emanating therefrom, on the basis of a compromise.
The petitioners are arraigned as accused, pursuant to the
aforementioned FIR, which relates to embezzlement of paddy worth
Rs.22,59,32 and 37 paise. During the pendency of the trial, the complainant,
namely, the Punjab State Cooperative Supply and Marketing Federation
Limited (Markfed) issued an advertisement requesting all the rice millers to
approach Markfed for an out of Court settlement. In response to the
aforementioned advertisement, the petitioners approached Markfed and by
way of Resolution No.14 dated 10.9.2007, a sub-committee constituted by
Crl.Misc.No.M-29855 of 2008 2
the Board of Directors approved the settlement. A relevant extract of the
resolution reads as follows :-
“M/s Shree Ganesh Rice Mills,Goniana are defaulter in
milling of Markfed Paddy crop 2000-2001. Arbitration
proceedings initiated against the Miller have been
decided in favour of Markfed. As per award of
Arbitrator, an amount of Rs.23,80,854/- is recoverable
from the Miller alongwith interest and share of
Arbitration fee amounting to Rs.4125/- since the case has
been decided ex-parte. The Miller has come forward for
Out of Court settlement of this Case. An amount of
Rs.4,11,808/- was already recovered by way of sale of
Rice powder, Rice Bran and mixed Rice. By adjusting
this an amount of Rs.16,93,468/- stands recoverable as
per the Guidelines of BoD towards cost of the Rice at the
present C.M.R. Rates. The Sub Committee has
considered the entire documents of the case along with
recommendations of the Head Office Committee and
resolved to approve and recommend to settle the case by
accepting a payment of Rs.17,32,454/- alongwith
interest w.e.f. 1.3.2007 till realisation of the same within
one month from the date of issue of the approval of the
Head Office. On receipt of full and final payment as per
above settlement, all court cases pending with regard to
this case be withdrawn with the approval of the M.D.
Markfed.”
Crl.Misc.No.M-29855 of 2008 3
A perusal of the resolution discloses that after receipt of the
amount of Rs.17,32,454, Markfed would have no objection to the
withdrawal of all Court cases with the approval of the Managing Director.
An affidavit of Sh.Shiv Kumar, Law Officer, Markfed, has been filed in
Court today and is taken on record. The relevant resolutions are appended
with the affidavit as Annexure R-2/1.
Counsel for the petitioners states that in view of the settlement
between the petitioners and the Markfed, the FIR and all subsequent
proceedings emanating therefrom be quashed.
Counsel for complainant-respondent no.2, states that as the
petitioners have paid all outstanding dues and as the withdrawal of all Court
cases against the petitioners have been approved by the Managing Director
of Markfed, the complainant has no objection, if the present petition is
allowed and the FIR and all subsequent proceedings emanating therefrom
are quashed.
Counsel for the State of Punjab submits that in view of the
compromise between the petitioners and the complainant and particularly as
Markfed is a Government organization, the State of Punjab has no
objection, if the FIR and all subsequent proceedings emanating therefrom
are quashed.
I have heard learned counsel for the parties, perused the
contents of the petition, the affidavit filed by respondent no.2, as also the
resolutions appended therewith and am satisfied that parties have arrived at
a bonafide compromise without any fraud, coercion or misrepresentation.
A compromise or a settlement, serves the immediate purpose of the parties,
Crl.Misc.No.M-29855 of 2008 4
as it enables them to proceed with their lives without illwill or rancour. In
view of the compromise, the prosecution witnesses are not likely to support
the prosecution leading to wastage of valuable Court time. The petitioners
have paid a sum of Rs.17,32,454/- to the complainant, which has been
accepted by the complainant, as reflected in the Resolution No.14. In
Kulwinder Singh V. State of Punjab and another, 2007(3) RCR (Crl.)
1052, a Full Bench of this Court has held that, in the exercise of powers
under Section 482 of the Code of Criminal Procedure, this Court may in
appropriate cases, quash an FIR disclosing the commission of non
compoundable offences.
In view of what has been stated herein above, the present
revision petition is allowed. The FIR No.32 dated 5.4.2002 registered under
Sections 408/120-B of the Indian PenalCode, at Police Station Nahianwala,
Distt. Bathinda and all subsequent proceedings emanating therefrom, are
quashed.
11.2.2009 (RAJIVE BHALLA) GS JUDGE