CRM-26279-2023 &

CRM-4741-2025 &

CRM-33624-2025 in CRM-M-32153-2021 Surinder Pal Singh V/s State of Punjab and another Present: Mr. A.P. Kaushal, Advocate and Ms. Pallavi Bahre, Advocate for the applicant-respondent No.2. Mr. Baljinder Singh Sra, Additional Advocate General, Punjab.

Mr. Yogesh Goel, Advocate Mr. Jashanpreet Singh, Advocate and Ms. Izairra Mittal, Advocate for the non-applicant-petitioner.

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CRM-26279-2023

1. An application bearing No.CRM-26279-2023 (hereinafter referred to as ‘application in hand’) has been preferred by respondent No.2- FIR complainant for recalling the order dated 17.01.2022 earlier passed by this Court in CRM-M-32153-2021 (hereinafter referred to as the ‘main petition’) whereby pre-arrest/anticipatory bail was granted to the non-

applicant-petitioner.

2. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated, thus:

(i) An FIR bearing No.157 dated 10.07.2020 (hereinafter referred to as ‘FIR in question’) came to be registered against the petitioner at the instance of applicant-respondent No.2 under Section 420 of IPC at Police Station Divison No.5, District Ludhiana. The gravamen of the FIR in question reflects that an application was received by the Police by Sunil Kumar (applicant/respondent No.2-FIR complainant) against Surinder Pal Singh (accused-petitioner), Director of JMS Investment Private Ltd for committing fraud. It was alleged therein that the accused-petitioner had developed a housing project named JMS Homes (Akmi Township) on Chandigarh Road, Ludhiana. The accused-petitioner executed an agreement to sell dated 05.02.2013 for Flat No.403, Ground Floor for a total consideration of Rs.36 lacs with the applicant-respondent No.2. Accordingly, the accused-petitioner received Rs.14 lacs in cash and Rs.23,16,000/- through cheques and the remaining amount was to be paid at the time of possession. As per the agreement, the possession of the flat was to be handed-over within 08 months. It was further alleged that even after a long time, possession was not given. Accordingly, the respondent No.2-FIR complainant visited the office of accused-petitioner several times but no possession was handed-over. After a considerable passage of time when the possession was not delivered, the respondent No.2-FIR complainant demanded refund of his money but the accused-petitioner refused to return the amount. Based on these set of allegations, the FIR in question came to be registered.

(ii) The accused-petitioner preferred a plea for pre- arrest/anticipatory bail before the Sessions Court which came to be dismissed on 20.07.2020. Thereafter, the petitioner approached this Court for grant of pre-arrest/anticipatory bail by way of the main petition. During the course of hearing of the main petition, it transpired that a submission was raised on behalf of the accused-petitioner that he was ready to settle the dispute amicably whereupon the parties were directed to appear before the Mediation and Conciliation Centre of this Court on 20.05.2021 and arrest of the petitioner was stayed.

(iii) Thereafter, it was brought to the notice of this Court that the parties have entered into a written compromise before the Mediation and Conciliation Centre of this Court; relevant whereof reads thus:

“The following settlement has been arrived at between the Parties hereto with red to the following properties:

a) That the petitioner/first party is the Director and Authorized Signatory in JMS Investment Pvt Lul who has started a housing project by the name of JMS Homes.

b) That the petitioner/first party entered into Floor Buyers Agreement dated 20.03.2013 with the complainant - Sunil Kumar for purchase of flat/ant No.403, Ground Floor in JMS Homes, At Akme Township, Chanmitgath Road, Ludhiana c) That the complainant had to give the possession of the flat within month of the signing of the Buyers Agreement d) That the parties have agreed that the petitioner will hand over the possession and execute