Criminal Misc. No. M-4391 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. 1. Criminal Misc. No. M-4391 of 2009 Date of Decision: 20.3.2009 Baljinder Singh …Petitioner Versus State of Haryana and Another …Respondents AND 2. Criminal Misc. No. M-4821 of 2009 Karanjit Kaur …Petitioner Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.Arun Singla, Advocate for Mr. Parveen Kumar, Advocate for the petitioners. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for respondent No.1-State. Mr. Gian Chand Shahpuri, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) By this common order, two petitions i.e. Criminal Misc. No. M- 4391 of 2009 titled as “Baljinder Singh v. State of Haryana & Another” and M-4821 of 2009, titled as “Karanjit Kaur v. State of Haryana & Another” will be decided together. The petitioners have filed the present petitions under Section Criminal Misc. No. M-4391 of 2009 2 438 Cr.P.C. for grant of anticipatory bail in case FIR No. 68 dated 26.1.2009 registered at Police Station City Yamuna Nagar, under Sections 420 & 409 IPC. On March 6, 2009, this Court has passed the following order:- “An amount of Rs.6,94,000/- has been deposited with the Manager, State Bank of Patiala, High Court Branch. Same be kept in the Fixed Deposit Receipt in the name of the petitioner and be not disbursed to the petitioner till disposal of the present petition. Counsel for the petitioner has also orally prayed that complainant Varinder Partap Singh, resident of # 10, Shakti Nagar, Jagadhari, Yamunanagar be impleaded as respondent. Oral prayer made by counsel for the petitioner is accepted. Complainant Varinder Partap Singh resident of # 10, Shakti Nagar, Jagadhari, Yamunanagar, is impleaded as respondent No.2. Issue notice of motion for 20.3.2009. Since petitioner is ready to pay back the earnest money along with 9 per cent interest, possibility of arriving at a compromise, as prayed, can be explored. Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioners shall Criminal Misc. No. M-4391 of 2009 3 join investigation as and when called for. Petitioner shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Today, following statement of complainant has been recorded separately:- “I had paid Rs.6,20,000/- as earnest money to Karanjit Kaur and Baljinder Singh. Baljinder Singh and Karanjit Kaur had filed application for anticipatory bail in this Court. I was cheated by both the petitioners as after the receipt of earnest money, in pursuance of agreement to sell they got the mortgage redeemed from the I.C.I.C.I. Bank and subsequently mortgaged the house to the State Bank of India. I have read the order dated 6.3.2009 whereby interim pre-arrest bail was granted to the petitioners. I have learnt that they had deposited Rs.6,94,400/- with the Manager, State Bank of Patiala, High Court Branch in the Fixed Deposit Receipt. In case, the amount of earnest money along with interest which had accrued till today is disbursed to me, I will not pursue the present FIR and shall also withdraw the civil suit as the matter has been amicably resolved between me and the accused.” From the perusal of FIR, no offence under Section 406 IPC is made out against the petitioners. Offence, if any, against the petitioners Criminal Misc. No. M-4391 of 2009 4 fall under Section 420 IPC. Offence under Section 420 IPC is compoundable. Petitioners may approach Permanent Lok Adalat, Yamuna Nagar at Jagadhari. The statement recorded of the complainant today be also sent to the Permanent Lok Adalat. Permanent Lok Adalat after recording the statements of the parties, in case come to the conclusion that offence can be compounded may compound the offence. On composition of offence, the amount which is lying in the Fixed Deposit Receipt with the Manager, State Bank of Patiala, High Court Branch, Chandigarh be disbursed to the complainant along with the interest which has accrued till the Fixed Deposit Receipt is encashed. Taking into consideration the compromise arrived between the parties, the pre-arrest bail granted to the petitioners vide order 6.3.2009 passed by this Court is affirmed till the submission of report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioner shall furnish regular bail-bonds to the Court concerned. The parties shall appear before the Permanent Lok Adalat, Yamuna Nagar at Jagadhari on 16.4.2009 With these observations, both the petitions are disposed off. (Kanwaljit Singh Ahluwalia) Judge March 20, 2009 “DK”