IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-6742 of 2009 Date of decision: 9th March, 2009 Sukhwinder Pal Singh @ Billu … Petitioner Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vikas Bahl, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No. 30 dated 24.03.2004 registered at Police Station Goraya under Sections 406, 420 IPC. The impugned FIR has been annexed as Annexure P-2. It has been stated in the FIR that accused petitioner had duped the complainant on the pretext of sending him abroad. Counsel for the petitioner has relied upon affidavit/ compromise (Annexure P-1) to state that parties have amicably resolved the dispute and complainant no longer intend to pursue the FIR. Petitioner was declared proclaimed offender. Counsel for the petitioner has relied upon judgments (Annexure P-9 to P-11) to contend that where compromise has been effected between the parties or co-accused have been acquitted, this Court had afforded an opportunity to the petitioner to appear before the trial Court and face trial by granting bail to the satisfaction of the trial Court. A perusal of affidavit/ compromise (Annexure P-1) reveals that complainant has received the entire amount. A wrongful loss was caused to the complainant, therefore, offence of cheating under Section 420 IPC is made out and provisions of Section 406 IPC are not attracted. Offence under Section 420 IPC is compoundable. Criminal Misc. No. M-6742 of 2009 Accordingly, present petition is disposed off with direction that in case petitioner appears before the trial Court, he shall be released on interim bail for a period of three months. The trial Court shall release the petitioner on interim bail against heavy surety bonds. Section 19(5) of the Legal Services Authority Act, 1987 reads as under: “19. (5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of – (i) any case pending before; or (ii) any matter which is falling within the jurisdiction of, and is not brought before, any Court for which the Lok Adalat is organized : Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.” Since offence under Section 420 IPC is compoundable, learned trial Court shall refer the dispute to Permanent Lok Adalat at Jalandhar, which shall verify the factum of compromise (Annexure P-1). Permanent Lok Adalat at Jalandhar may record the statement of complainant. In case Permanent Lok Adalat at Jalandhar is satisfied that matter can be compounded, Permanent Lok Adalat at Jalandhar shall pass the necessary order. In case Permanent Lok Adalat at Jalandhar is of the view that no compromise has been effected, the matter shall be sent back to the trial Court, which shall proceed with the matter in accordance with law and the benefit of interim bail shall come to an end and the petitioner will be at liberty to obtain regular bail in accordance with provisions of law. [KANWALJIT SINGH AHLUWALIA] JUDGE March 9, 2009 rps 2