Advocates:
Advocate Appeared:
For the Appellant :Mr. M.S. Toor, Advocate, for Mr. Sandeep Kumar Bokolia, Advocate
For the Respondent:Ms. Manjot Kaur, AAG, Punjab. Mr. Raghav Soni, Advocate

JUDGMENT :

Mahabir Singh Sindhu, J. 

Present petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.192 dated 23.10.2023 (P-1), under Sections 420 & 120-B of the Indian Penal Code, 1860, registered at Police Station, City Kotkapura, District Faridkot, along with all consequential proceedings arising therefrom on the basis of compromise dated 11.01.2024 (P-2), entered into between the parties i.e. petitioners as well as respondent No.2.

2. Allegations are that despite entering into an agreement to sell a plot measuring 01 Kanal 01 Marla with the complainant and receiving Rs.50,000/- from him as earnest money, petitioners got the sale deed registered in favour of some other person.

3. This Court, while issuing notice of motion on 29.01.2024, passed the following order:-

"Contends, inter alia, that matter has been compromised between the parties i.e. petitioners and respondent No. 2.

(2) Notice of motion.

(3) On asking of the Court, Mr. M.S. Tiwana, AAG., Punjab accepts notice on behalf of respondent No.1/State.

(4) Mr. Raghav Soni, Advocate, who is present in the Court, has filed power of attorney on behalf of respondent No.2. The same is taken on record. He acknowledged the factum of compromise (P-2) arrived at between the parties i.e. petitioners and respondent No. 2.

(5) Requisite number of copies of the petition be supplied to learned Counsel for the respondents during the course of day.

(6) Petitioners shall file their respective affidavits that there is no other criminal case(s) pending against them and also give the details of any other FIR(s), already quashed on the basis of compromise.

(7) In view of the above, let parties appear before the Court of learned Illaqa Magistrate/trial Court on or before 21.02.2024 for recording their statement(s) with reference to the compromise, if any, entered into between them.

(8) Learned Illaqa Magistrate/trial Court shall record the statement(s) of all accused, complainant/injured and victim, if any, and submit a report to this Court before the next date of hearing containing the following information:-

(9) List before this Court on 21.03.2024 for further consideration.

(10) Meanwhile, learned State Counsel shall also get the instructions in the matter as to whether the State has any objection?

(11) Copy of this order be sent to learned Judicial Officer concerned forthwith for information and strict compliance."

4. In terms of aforesaid order, statements of both the parties were recorded and a report dated 21.02.2024 has been submitted in this regard by learned Judicial Magistrate First Class, Faridkot. The operative part of the same reads as under:-

" The compromise effected between the parties is genuine, valid, voluntary, out of free will, without any coercion or undue influence and is not result of any fraud or misrepresentation."

5. A perusal of the aforesaid report clearly reveals that the matter has been compromised by both the parties with their free consent, voluntarily and without any coercion or undue influence. Even before this Court also, there is no objection by either of the parties against the compromise.

6. Learned State Counsel, on instructions from the police officer present in the Court, also submitted that they have no objection in case the aforesaid FIR as well as consequential proceedings are quashed on the basis of the compromise effected between the parties.

7. Honble the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, has held as under:-

"61. The position that emerges from the above discussion can be summarised thus : the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz. : (i) to secure the ends