IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 23161 of 2010 Date of decision: 23.9.2010 Bhupinder Singh @ Chamkila …. Petitioner Versus State of Punjab and another ….. Respondent Present : Mr. B.K. Bajwa, Advocate for the petitioner. Mr. T.S. Salana, DAG, Punjab. Mr. V.S. Khosa, Advocate for the complainant. *** S.S. SARON, J. This petition has been filed seeking quashing of FIR No.4 dated 5.5.2010 registered at Police Station Khalchain District Amritsar for the offences under Sections 420 and 379 IPC. Harinder Singh (respondent No.2) lodged the FIR on the allegations that he is running a Commission Agent shop in the name of DS Commissions Agents at village Kale- ke Mandi. The contract for transporting wheat from mandi had been given to Bhupinder Singh @ Chamkila Singh (petitioner). On 30.4.2010 at about 6.40 p.m. Ajit Singh Choudhary son of Kundan Singh, resident of Kale-ke who is working as Commission Agent received a telephone call on Crl. Misc. No. M- 23161 of 2010 [2] his mobile phone from a person who stated that he was Lakha driver and that Chamkila Transport had sent him to load the vehicle. Ajit Singh Choudhary said that labour was present. At about 7.00 p.m., a truck bearing No.HR-47A- 7292 of 10 tyres came and Choudhary Anokh Singh @ Kala loaded 600 bags of wheat on the said truck weighing 50/50 kg each in all 300 quintals. It is alleged that the driver of the truck who was not known loaded 600 bags of wheat by cheating and forgery. It is also alleged that the complainant was sure that driver in connivance with the other partners of the Chamkila Transport had stolen the wheat. The petition has been filed for quashing the FIR only by Bhupinder Singh Chamkila. The other partners of Chamkila Transport and the driver of the vehicle have not been impleaded as parties. The affidavit of Harinder Singh (complainant) that has been filed in Court today merely states that the matter has been compromised with the petitioner on 22.7.2010. This would mean that there is no compromise with the other partners of Chamkila Transport or with Lakha Singh, the driver of the truck. Therefore, the proceedings at this stage cannot be quashed. Even otherwise, the offences that have been alleged are under Sections 420 and 379 IPC. The offence under Section 379 IPC is compoundable under Section 320 (1) CrPC with the person mentioned in the third column that is the owner of the property stolen and the offence under Section 420 IPC is compoundable under Section 320 (2) CrPC with the permission of the Court with the person cheated. Crl. Misc. No. M- 23161 of 2010 [3] Keeping in view the above said facts and circumstances, the petitioner may, in the first instance, avail his other remedies in accordance with law before the concerned Court itself. Crl. Misc. petition is, accordingly, disposed of. (S.S. SARON) JUDGE September 23, 2010 amit