Tajinder Kaur vs State of Punjab and Others

Daya Chaudhary, J.—The present petition has been filed for quashing of F.I.R. No. 269 dated 03.10.2012, under Sections 465, 468, 471 and 419 of Indian Penal Code registered at Police Station Focal Point, Ludhiana, District Ludhiana against the petitioner-Tajinder Kaur on the basis of complaint made by complainant-Urmila Rani. The allegations in the FIR are that petitioner as well as complainant-respondent No. 2 are colleagues and are working in Government Model Senior Secondary School, PAU, Ludhiana. The petitioner picked up identity card and voter card of the complainant and tempered it by putting her own photograph in place of the photograph of the complainant and also by putting signatures upon the same. Thereafter, by using forged documents, an account was opened in the name of complainant in Oriental Bank of Commerce and the petitioner obtained loan from Barclay''s Finance Investment, Ludhiana Dhalewal Chowk against said account. A Cheque of the loan amount was deposited in the fictitious account and thereafter, many transactions were there on the same account.

During pendency of the investigation, a compromise was effected between the parties and complainant-respondent No. 2 has no objection in quashing of the FIR and other proceedings arising therefrom.

Chief Manager of respondent No. 3-Bank, where the account was opened, also appeared before this Court and he submitted that the account was closed in the year 2012 and it has been stated that loan amount has been repaid and respondent No. 3-Bank has no objection in quashing of the FIR.

Vide order dated 26.07.2013, a direction was issued by this Court to the parties to appear before the Illaqa Magistrate for recording of their statements with regard to compromise and the trial Court was also directed to send a report along with the statements of the parties.

In response to the said direction issued by this Court, a report has been sent along with statements of the parties, which are on record. Petitioner-Tajinder Kaur, as identified by her counsel appeared before the Illaqa Magistrate and her statement was recorded. It has been stated in the report that no other case is pending against the parties and the compromise is genuine and is without any pressure on either side.

Similarly, complainant-respondent No. 2-Urmila Devi also made statement before the Illaqa Magistrate and factum of compromise has been affirmed. She has specifically stated in her statement that she has no objection in quashing of the FIR.

Respondent No. 3-Bank has also no objection in quashing of the FIR. Similarly, Advocate appearing for Finance Company also made a statement that nothing is due against Urmila Rani and the Finance Company also has no objection in quashing of the FIR.

Learned counsel appearing for respondent No. 2 has also affirmed the factum of compromise.

The dispute between the parties is regarding money transaction and the same has been settled. The Bank as well as financer have no objection in quashing of the FIR.

Although offences under Sections 465, 468 and 471 IPC are non-compoundable but in view of ratio of judgment in Kulwinder Singh and Others Vs. State of Punjab and Another, , the Larger Bench of our own High Court has held that the High Court has the wide power to quash the proceedings even in non-compoundable offences on the basis of compromise and also in view of ratio of judgment in Madan Mohan Abbot Vs. State of Punjab, , in case, no public policy is involved, the FIR can be quashed even in case of non-compoundable offence.

Since the dispute between the parties has been settled by way of compromise and complainant has no objection in quashing of the FIR, I am of the considered view that continuation of impugned criminal proceedings in future between the parties would be an exercise in futility as it will be wastage of time of the Court as the complainant is not going to depose against the petitioner and is not going to support the case of the prosecution at the time of recording of the statements. The object of the compromise is to maintain peace, harmony and cordial relations between the parties. Accordingly, this petition is allowed and impugned criminal proceedings arising out of FIR No. 269 dated 03.10.2012, under Sections 465, 468, 471 and 419 IPC registered at Police Station Focal Point, Ludhiana, District Ludhiana as well as subsequent proceedings arising therefrom qua petitioner-Tajinder Kaur are quashed.