Daler Singh Another vs State of Punjab and Another

Tejinder Singh Dhindsa, J.—This order shall dispose of CRM No. M-35510 of 2012 (Daler Singh and another Vs. State of Punjab & another) and CRM No. M-669 of 2013 (Radhika Vs. State of Punjab & another) as both these petitions have been filed u/s 482 Cr. P.C. seeking quashing of F.I.R. No. 264 dated 19.12.2011 under sections 420, 506, 120B I.P.C. (sections 465, 467, 468, 471 I.P.C. were added subsequently), registered at Police Station, City Ferozepur.

Learned counsel for the petitioners would contend that the matter has since been compromised with the complainant and even the amount in question has since been returned.

Suffice it to observe that the allegations made by the complainant, which led to the registration of the F.I.R were that a large sum of money had been taken from him on the pretext of sending his son to Canada and the accused/present petitioners had instead sent his son to Malaysia via Thailand.

Learned counsel appearing for the complainant would submit that all the three petitioners in these two connected petitions have since returned a substantial amount of money and accordingly the matter has been compromised. Even the complainant namely Tehal Singh son of Surat Singh is present in Court and also suffers a statement that he would have no objection to the quashing of the F.I.R.

This Court in exercise of its plenary powers u/s 482 Cr. P.C. would in appropriate cases intervene to bring to an end the criminal proceedings initiated in the light of registration of F.I.R even in relation to non-compoundable offences, where the matter between the accused and complainant party has been amicably settled. A reference in this regard may be made to a Full Bench decision of this Court rendered in case of Kulwinder Singh and Others Vs. State of Punjab and Another, .

Adverting back to the facts of the present case, since the matter has been compromised between the complainant and the present petitioners, both the petitions are allowed. F.I.R. No. 264 dated 19.12.2011 under sections 420, 506, 120B I.P.C. (sections 465, 467, 468, 471 I.P.C. were added subsequently), registered at Police Station, City Ferozepur and all proceedings emanating therefrom qua the present petitioners would stand quashed.

Petitions allowed.