IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

275 CRM-M-54244-2025 (O&M).

Date of decision: 12.02.2026.

MEGH RAJ RATHOR AND ANOTHER …Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- None for the petitioner(s). Mr. Saurav Verma, Addl. A.G. Punjab.

None for respondents No.2 and 3.

VINOD S. BHARDWAJ, J. (Oral)

Prayer in the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR bearing No.137 dated 11.07.2023 under Section(s) 406, 420 and 201 of the Indian Penal Code, 1860, registered at Police Station City Rupnagar, District Rupnagar, Punjab, along with all subsequent proceedings arising therefrom on the basis of compromise dated 17.09.2025 (Annexure P-2).

The aforesaid FIR was registered on the statement of Iqbal Singh son of Sardara Singh. The translated version of the same is reproduced as under: -

“Subject: Application for registration of case of fraud u/s

406, 417, 420 and 120-B IPC, against Dwarka Heights Cooperative Housing Society Ltd. Registration No. MSCS/CR/1061/2014 and its operators. Sir, I am to lodge complaint against Dwarka Heights Cooperative Housing Society Ltd. its operators and their cohorts, about whom facts and circumstances are mentioned below. 1. That one Mr. Pathania, having Mobile No. 98761-79232 claiming himself to be a representative of the above said society lured us, telling that a new diplomatic area is being developed in Dwarka area. There, a group housing scheme is launched primarily for senior officers, serving and retired. He persuaded me to be its member. Since I have no such unit Delhi, and often, i have to visit Delhi, I preferred to be its member. 2. Thus I filled relevant form No. 1090 for 3 BHK, Apartments. having an area admeasured 1750 sqft, on 4.9.2018; paying an amount of Rs. 7,55,000/(Rs. Seven Lakh Fifty Six Thousands only), through my HDFC Bank Pvt Ltd. A/c Chaque No. 000030, in favour of Dwarka Heights CH3 Ltd; and that cheque stood, encashed in the account of the Society. A photocopy of the cheque self attested and photocopy of form No. 1090, duly filled in self attested are annexed as Annexure C/1 (Colly.). 3. That vide letter No. DH-II/1090 Dated C.9.2012, the said society communicated a welcome message, and confirming provisional allotment of a residential unit. Alongwith the letter, a receipt of receiving an amount of Rs 756000/- was also sent to me. A photocopy of the latter, and a photocopy of the receipt, both self attested are annexed as Annexure R/2(Colly.). 4. That later, on 27.04.2019, another amount Rs. 462750/-was asked to be paid. The said amount of Rs. 462750/- (Rs. Four Lakh Sixty two Thousand Seven Hundred Filly only), was paid through Cheque No. 020031, of HDFC Bank A/c No. 01611050006171, Dated 27.04.2019. This payment was told to be due, as par payment schedule, circulated vide letter Dated 6.09.2018. 5. That vide latter dated 6.09.2018 was also asked to pay another amount of Rs. 1249500/-The said amount of Rs. 1249500/- was paid through Cheque No. 000033 of HDFC Bank A/c 01611050086171 dated 26.10.2019 Photocopy of the cheque is annexed as Annexure C/3 (Colly.) 6. That was also issued a certificate titled as Authorized Share Capital Rs. 1,00000000/- Vide No. 806 Ledge Folio No. 806. A copy of the same is attached as Annexure C/4.That I am unable to locate anyone. No telephone responds. I have been defrauded. A case be registered and Investigated. In view of above, I request that case be registered u/s 406, 417, 420 & 120-B IPC, against the culprits, the society, its operators and its cohorts, who have caused an unlawful loss to me and taken an unlawful gain for themselves.” However, with the intervention of the respectables, the parties have decided to compromise the matter. Hence, the present petition.

The parties were directed to appear before the learned trial Court/Illaqa Magistrate vide order dated 25.09.2025 of this Court, to get their