Labh Singh vs State of Punjab

Inderjit Singh, J.—This petition has been filed u/s 482 Cr.P.C. praying for quashing of FIR No. 46 dated 14.2.2014 (Annexure-P.1) registered for the offence u/s 420 IPC at Police Station Morinda, District Rupnagar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainant-Jaspal Singh on the allegations that the petitioner entered into an agreement to sell his demand notice issued by Punjab State Electricity Board in his favour for electricity connection of motor-pump for Rs. 1,45,000/-, which the complainant paid him in cash. However, after going through the Demand Notice, he came to know that a condition in para No. 6A of the demand notice has been laid down that the demand notice holder cannot transfer or sell his connection and the demand notice was valid only for three months. In this manner, the petitioner has cheated the complainant and committed fraud of Rs. 1,45,000/-. Now with the intervention of the respectable persons, a compromise (Annexure-P.2) has been executed in the presence of the witnesses and the complainant has no grievance against the petitioner, as the dispute has been amicably settled.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Rupnagar for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate has sent his report dated 13.5.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Jaspal Singh has stated that the matter has been compromised with his own sweet will, without any pressure, coercion or undue influence and he has no objection if the FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon''ble Supreme Court.

I have gone through the record and have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab.

In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

The Hon''ble Supreme Court in Gian Singh Vs. State of Punjab and Another, , has held that the inherent jurisdiction of this Court u/s 482 Cr.P.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. Therefore, keeping in view the fact that the matter has been amicably settled and the law laid down in Gian Singh v. State of Punjab and another (supra), this petition is allowed and FIR No. 46 dated 14.2.2014 (Annexure-P.1) registered for the offence u/s 420 IPC at Police Station Morinda, District Rupnagar and all subsequent proceedings arising out of the same are hereby quashed.