IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

266 Date of decision: 15.09.2025 BALWANT SINGH ......Petitioner VERSUS STATE OF PUNJAB AND ANOTHER ....Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Mr. Sylvester Stephen, Advocate for the petitioner.

(Through Video Conferencing).

Mr. I.P.S Sabharwal, DAG, Punjab.

Mr. Ishwinder Pal Singh, Advocate for respondent No.2.

*****

VINOD S. BHARDWAJ, J. (Oral)

1. The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973, for quashing of FIR No.86 dated 04.09.2023 registered under Section 420 of the Indian Penal Code, 1860 at Police Station Ghanaur, District Patiala and all consequential proceedings arising therefrom on the basis of settlement deed dated 09.10.2023 (Annexure P-3) effected between the parties.

2. Learned counsel appearing on behalf of the petitioner contends that the FIR in question had been lodged by respondent No.2-Balwinder Singh, alleging that the petitioner had defrauded him of Rs.6,75,000/-. Consequently, the petitioner applied for anticipatory bail before the learned Additional Sessions Judge, Patiala, where the complainant appeared and suffered a statement to the effect that he had compromised the matter with the petitioner before the Mediation Centre, District Court Patiala and that he had received part payment. In view of the aforementioned compromise, the petitioner was granted anticipatory bail vide order dated 23.10.2023. The relevant extract of the said compromise reads as under:-

“The complainant Balwinder Singh has lodged the present FIR No.0086 dated 04.09.2023, U/s. 420 IPC, PS Ghanaur, Patiala against the party no.1 accused/applicant. The accused/ applicant after registeration of the FIR filed the bail application U/s. 438 Cr.P.C for grant of anticipatory in the Sessions Court Patiala which was entrusted to the court of Ms.Surinder Pal Kaur, ASJ, patiala. The said Court referred the matter to Mediation Centre and during mediation proceedings, individual and joint sessions were held between the parties and parties have arrived at a settlement on the following terms and conditions:-

1: Both the parties have settled their dispute/ issue arising in the FIR for an amount of Rs.7,50,000/- only towards full and final settlement amount to be paid by party no.1 to party no.2 (complainant) in five instalments to the following effect.

a Ist instalment of Rs.2 lacs to be paid on

09.10.2023. The party no.1 has paid an amount of Rs.2 lac to party no.2 by cash and the same has been received by party no.2 in Mediation proceedings under this settlement.

b. Second instalment of Rs.3 lac to be paid on or before 10.12.2023.

c. Third instalment of Rs.2,25,000/- to be paid on or before 10.02.2024.

d. Fourth instalment of Rs.15,000/- to be paid on or before 10.03.2024.

e. Fifth instalment of Rs.10,000/- to be paid on or before 10.04.2024.

That the payment will be made by party no.1 to party no.2 either by cash or by any online transfer. In case of cash payment the party no.2 will issue proper receipt.

2. That party no.1 shall withdraw civil suit no.CS 1146/2022 titled as Balwant Singh Vs. Balwinder Singh pending in the court of Sh.Arun Gupta, CJJD, Patiala and is fixed for 06.11.2023.

3. That party no.1 will fully co-operate with party no.2 in order to get the above said FIR cancelled with due procedure as per law after receiving payment of both second and third instalments.

4. That if party no.1 will persue/ file quashing proceedings before the Hon'ble Punjab and Haryana High Court for quashing the FIR no 0086 dated 04.09.2023, U/s. 420 IPC, PS Ghanaur, Patiala after the payment of second instalment of Rs.3 lac to be paid on 10.12.2023, In that case the party no.2 complainant will fully co-operate in the said quashing proceedings and undertake to appear in the said proceedings before the Hon'ble Punjab and Haryana High Court At Chandigarh. 5. That after receiving third instalment amount of Rs.2,25,000/- on 10.02.202