IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.19525-M of 2008
Date of decision : 30-01-2009
Tarlochan Singh & Another
....Petitioners
VERSUS
State of Punjab and another
....Respondents
CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Harsh Bunger, Advocate,
for the petitioners.
Mr. Anter Singh Brar, DAG, Punjab.
KANWALJIT SINGH AHLUWALIA, J. (Oral)
Present petition has been filed seeking quashing of case FIR
No.28 dated 03-03-2004, registered at Police Station Division No.1,
Jalandhar under sections 406, 419, 420, 511 IPC. Quashing has been
sought on basis of compromise arrived between the parties.
Counsel for the petitioners has relied upon judgement by Full
Bench of this Court in Kulwinder Singh and others Vs. State of Punjab
and another, 2007(3) RCR (Crl.) 1052 to contend that on the basis of
compromise, FIR should be quashed and continuation of proceedings is
abuse of process.
This Court on December 9, 2008 directed Judicial Magistrate-
Ist Class, Jalandhar to verify the fact of compromise and submit a report.
Judicial Magistrate-Ist Class, Jalandhar has submitted the following report:-
“As per order dated 9th December, 2008 passed by the
Hon’ble Mr. Justice S.D. Anand in Crl. Misc. No.M-19525 of
2008, I have recorded the statements of both the parties in a
case State Vs. Tarlochan Singh, FIR No.28 dated 3-3-
2004, u/s 406, 419, 420, 511 IPC, P.S. Division No.1,
Jalandhar. Complainant Darshan Kumar has stated that on
19th April, 2008 a compromise has been effected between
him and accused Tarlochan Singh son of Jagjit Singh and
Crl. Misc. No.19525-M of 2008
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as per the compromise he received Rs.9,50,000/- from
Tarlochan Singh and both the parties agreed to withdraw all
the civil and criminal cases pending in different Courts and
except the said criminal case, both the parties have
withdrawn all the cases. Complainant Darshan Kumar
identified his signatures as well as of this wife Kusam Malik
on the said compromise dated 19th April, 2008 and he has
stated that he as well as his wife has signed the said
compromise after admitting the contents of the compromise
true and correct and he has no objection if the FIR No.28/04
is quashed in this case.
Accused Tarlochan Singh has also stated that as
per compromise he has given Rs.9,50,000/- to complainant
Darshan Kumar which was received by him and it was
agreed between them to withdraw all civil and criminal cases
pending in different Courts and Darshan Kumar agrees to
withdraw this case.
Thus, from the statements of the parties it is inferred
that the matter has been compromised between the parties
and the complainant Tarlochan Singh has no objection if the
criminal case FIR No.28 dated 3-3-2004 registered under
sections 406, 419, 420, 511 IPC P.S. Divn. No.1 Jalandhar
is quashed. Thus, the parties have compounded the
offence.”
In view of the report submitted by Judicial Magistrate-Ist
Class, Jalandhar, that compromise has been arrived between the parties
and complainant has received Rs.9,50,000/- and it has been agreed
between the parties to withdraw all civil and criminal cases pending in
Crl. Misc. No.19525-M of 2008
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different Courts between the parties, I am of the view that due sanctity
ought to be granted to the compromise arrived between the parties in view
of the ratio of law propounded by a Full Bench of this Court in Kulwinder
Singh’s case (supra). Accordingly, the impugned FIR along with all
subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA)
30-1-2009 JUDGE
manju