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2000 Supreme(P&H) 1324

PUNJAB & HARYANA HIGH COURT
S.S.Nijjar, J.
Kuldeep Singh
Versus
State Of Punjab
Crl. Misc. No. 33164 of 2000,
Decided On : NOVEMBER 6, 2000

The court can quash criminal proceedings when a compromise has been reached and the interests of justice warrant it.

Headnote:

Quashing - Criminal Proceedings - Fraudulent Car Deal - Compromise - FIR quashed

Fact of the Case:

The petitioner sought quashing of the FIR and proceedings related to a fraudulent car deal where the complainant alleged non-delivery of the car despite payment.

Finding of the Court:

The court found that the complainant had entered into a compromise, received the car and relevant papers, and had no grievance against the petitioner.

Issues: Allegations of non-delivery of car and non-payment to the actual owner.

Ratio Decidendi: The court considered the compromise between the parties and the affidavits confirming the purchase and payment for the car, leading to the conclusion that it was in the interest of justice to end the criminal proceedings.

Final Decision: The petition was allowed, and the FIR and consequential proceedings were quashed.

Judgment

S.S.Nijjar, J.

1. This petition under Section 482 Cr.P.C. seeks quashing of the FIR No. 264 dated 13.6.2000 under Sections 420/406/465/468/474 IPC at Police Station Kotwali, Bathinda and the proceedings consequential thereon.

2. According to the FIR, the complainant was serving in the AIR Force. After 20 years of service, he has been discharged on 17.4.2000. The complainant approached the petitioner for purchase of a car. Kuldeep Singh introduced the complainant to the vendor of the car. The deal was struck at Rs. 1,08,000/-. Balance amount of Rs. 58000/- alongwith the commission of Rs. 1500/- was to be paid to the petitioner on 20.5.2000. The possession of the car was, however, not delivered to the complainant. Therefore, he registered the FIR on the allegations that the petitioner had not passed on the money to the actual owner. Thereafter, the petitioner applied for bail. This application for bail was heard and decided by the learned Sessions Judge, Bathinda. In his order dated 27.6.2000, the learned Sessions Judge has observed that the complainant is present in Court and he submitted that he has already got the car and the relevant papers. It was also stated that the complainant had entered into a compromise and the matter has been settled. The complainant has got no grouse against the petitioner. The counsel for the petitioner has also brought to the notice of this Court two affidavits filed by the complainant and the earlier owner of the vehicle. The complainant has categorically stated that he has purchased one Maruti Car No. DL-9C-6284, Model 1996, Chassis No. 1022849, Engine No. 1347327. He has also stated that he has made the full and final payment for the same. The affidavit filed by the owner also states that he has received the full and final payment for the same. Keeping the aforesaid facts and circumstances in view, I am of the considered opinion that it would be in the interest of justice to put an end to the criminal proceedings.

3. In view of the above, the petition is allowed. FIR No. 264 dated 13.6.2000 under Sections 420/406/465/468/474 IPC registered at Police Station Kotwali Bathinda and the proceedings consequential thereon are hereby quashed. No costs.

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