Rajinder 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. 218 dated 16.11.2013 (Annexure-P.1) registered for the offences under Sections 420 and 406 IPC at Police Station Sadar Khanna, District Ludhiana and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainant-Balram Kumar on the allegations that the petitioners, who are property dealers, came to the factory of the complainant and they talked regarding the land at Ikolaha, Tehsil Khanna, District Ludhiana and showed them the land at Ikolaha and by making phone call called Rajinder Singh, Police employee at the spot and the sale deed of land was settled at Rs. 80,500/- per Biswa. The above persons have received Rs. 9 Lacs from the complainant, but till date neither the agreement documents of earnest money were given nor they returned the money and in this manner they committed fraud. Now with the intervention of respectable persons, the matter has been amicably compromised vide compromise deed dated 7.12.2013. Now nothing is due against the petitioners. Respondent No. 2/complainant has no grudge against the petitioners.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Ludhiana for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate has sent his report dated 31.5.2014 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 Balram Kumar has stated that the compromise entered into between the parties is correct, genuine and without any pressure, inducement, threat or promise or free from any other illegal motive and has been arrived at with his free consent. He does not have any objection if the present FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant-respondent No. 2 admit the factum of compromise and submit 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 petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondent No. 2.

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. 218 dated 16.11.2013 (Annexure-P.1) registered for the offences under Sections 420 and 406 IPC at Police Station Sadar Khanna, District Ludhiana and all subsequent proceedings arising out of the same are hereby quashed.