IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Tarlochan Singh – Appellant
Versus
State of Punjab and another – Respondents
CRM-M-41-2022
Decided On : 06-01-2022
Section 482 - Quashing of FIR - Indian Penal Code, 1860, Sections 406, 420, 467, 468, 471, 120-B - The court allowed the quashing of FIR No.205 dated 07.11.2020 registered under Sections 406 and 420 of the Indian Penal Code, 1860 at Police Station Samrala, District Ludhiana, and all subsequent proceedings based on a compromise between the parties in the Mediation and Conciliation Centre of the Punjab and Haryana High Court at Chandigarh dated 30.07.2021.
Fact of the Case:
The petitioner sought quashing of FIR No.205 dated 07.11.2020 registered under Sections 406 and 420 of the Indian Penal Code, 1860, based on a compromise between the parties in the Mediation and Conciliation Centre of the Punjab and Haryana High Court at Chandigarh dated 30.07.2021.
Finding of the Court:
The court found that the compromise was genuine, voluntary, and without coercion or undue influence, and allowed the quashing of the FIR and all subsequent proceedings.
Issues: The main issue was whether the court should quash the FIR and subsequent proceedings based on the compromise between the parties.
Ratio Decidendi: The court relied on the power under Section 482 of the Cr.P.C. to quash the prosecution to prevent the abuse of the process of law or to secure the ends of justice. It also referred to the Full Bench judgment in “Kulwinder Singh and others Vs State of Punjab” and the case of “Gian Singh Vs. State of Punjab and another” to support its decision.
Final Decision: The petition was allowed, and FIR No.205 dated 07.11.2020 and all subsequent proceedings were ordered to be quashed.
JUDGMENT :
Vikas Bahl, J.
1. This is a petition under Section 482 of Cr.P.C. for quashing of FIR No.205 dated 07.11.2020 registered under Sections 406 and 420 of the Indian Penal Code, 1860 at Police Station Samrala, District Ludhiana (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise effected between the parties in the Mediation and Conciliation Centre of this Court dated 30.07.2021 (Annexure P-2).
2. Learned counsel for the petitioner has submitted that in the present case, FIR was registered at the instance of respondent No.2 against two persons i.e. petitioner and one Satveer Singh Sekhon. It is further submitted that there were several disputes between the parties and all the disputes have been settled before the Mediation and Conciliation Centre of this Court and reference has been made to the detailed compromise dated 30.07.2021 (Annexure P-2). Relevant portion of the said compromise is reproduced hereinbelow:-
“BEFORE THE MEDIATION & CONCILIATION CENTRE, PUNJAB & HARYANA HIGH COURT AT CHANDIGARH Mediation Case No.423 of 2021 Re: CRM-M-22956 of 2021 Satveer Singh Sekhon Vs. State of Punjab CRM-M-39808 of 2020 Tarlochan Singh Vs. State of Punjab SETTLEMENT/AGREEMENT This SETTLEMENT/AGREEMENT is entered into between Satveer Singh Sekhon, aged about 36 years son of Sukhdev Singh, resident of Bank Colony, Behlolpur Road, Samrala, Tehsil and P.S. Samrala, District Ludhiana.
...First party/Accused AND Tarlochan Singh, aged about 55 years son of late Sh. Amar Singh son of late Sh. Kharak Singh, resident of House No.290, Durlabh Nagar, Samrala, Tehsil and P.S. Samrala, District Ludhiana ...Second Party/Accused AND Surjeet Kaur, aged about years 85, w/o Col. Lakha Singh, through GPA Paramjit Kaur Kang w/o Supinderjit Singh Kang, resident of Ward No.4, Kang Mohalla, Samrala, Tehsil and P.S. Samrala, District Ludhiana.
...Third Party/Complainant on this day of 30th July, 2021 Anurag Jain, Mediator WHEREAS 1. The third party has got registered one FIR No.205 dated 07.11.2020 under Section 406 and 420 IPC at Police Station Samrala, Tehsil Samrala, District Ludhiana, to which sections 467, 468, 471 and 120-B IPC have been added later on. The said FIR has been got registered against the first party and the second party. The first party-Satveer Singh Sekhon has approached the Hon'ble High Court for grant of regular bail vide CRM-M-22956 of 2021 and the second party-Tarlochan Singh has filed application vide CRM-M-39808 of 2020 for grant of pre-arrest bail before the Hon'ble High Court. Both the parties have been granted interim bail by the Hon'ble High Court.
2. The Hon'ble High Court vide order dated 05.07.2021 has referred the case bearing CRM-M-22956 of 2021 titled as 'Satveer Singh Sekhon Vs. State of Punjab', to the Mediation & Conciliation Centre of this Court. for exploring the possibility of an amicable settlement. Further vide this order. the Hon'ble High Court has also directed that the co-accused Tarlochan Singh shall also participate in the mediation proceedings.
3. The undersigned was appointed as Mediator for the aforesaid matter. The mediation sessions were held with the parties on 19.07.2021, 26.07.2021, 29.07.2021 and 30.07.2021 through virtual proceedings. However, for scribing signatures on the present settlement, the parties have come present in person.
4. The parties during mediation proceedings put up their grievance wherein it was said that the second party-Tarlochan Singh is legal heir of Amar Singh son of 'late Sh. Kharak Singh, who was the original tenant, whose tenancy was incepted around the year 1960, in ground floor of shop situated at Chandigarh road, Samrala, Tehsil Samrala. District Ludhiana within municipal limits of Tehsil Samrala. The Shop is bound as:- East-Shop of Pali son of Jeet Singh, West-Shop of Banti Confectionery, North-House of Pali son of Jeet Singh, South Chandigarh Road.
Possession of said shop is stated to have been handed over to first party-Satveer
AI
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