Criminal Misc. No. M-5533 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-5533 of 2009 Date of Decision: 21.4.2009 Vinod Kumar …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. K.K.Aggarwal, Senior Advocate with Mr. Kapil Aggarwal, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for respondent No.1-State. Mr. Tajender K. Joshi, Advocate for respondents No.2 and 3. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. Seeking quashing of FIR No. 456 dated 10.12.2005 registered at Police Station City, Sangrur, under Sections 406, 420, & 120-B IPC. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, has submitted that in the present case, charge has been framed and case is fixed for prosecution evidence. Copy of the FIR has been annexed as Annexure P1. It is stated in the FIR that Sukhbir Singh, respondent No.3 and Narinder Singh, respondent No.2 along with Karamjit Singh son of Ajaib Singh had made a request to the accused that amount taken by the accused Criminal Misc. No. M-5533 of 2009 2 on pretext of sending them abroad be returned. Grievance of the complainant is that they were duped by the petitioner and were made to part with the amount on pretext of sending abroad. Mr. K.K. Aggarwal, Senior Advocate, assisted by Mr. Kapil Aggarwal, Advocate, appearing for the petitioner, has submitted that the dispute has been amicably resolved and the complainant has no grievance against the petitioner. It is further submitted that during the pendency of petition, Narinder Singh had expired. Affidavit of legal heirs of Narinder Singh namely Gurdev Kaur, mother, Maninder Kaur, widow, Komalpreet Kaur & Karanpreet Kaur, minor daughters through their mother and natural guardian Maninder Kaur, has been placed on record to state that they have received the amount from petitioner and they no longer want to proceed with the FIR on behalf of Narinder Singh. Reply has also been filed on behalf of Sukhdev Singh to state that compromise has been arrived between the parties. It is further submitted that Rs.90,000/- is to be paid by the petitioner to Sukhdev Singh, respondent No.3. Counsel for the parties have informed that Karamjit Singh has also sworn an affidavit in which he has stated that he had given no amount to accused/petitioner and Karamjit Singh has no grudge against the petitioner. Affidavit of Karamjit Singh has also been taken on record. It is a case where parties have amicably resolved their dispute. It has been held by Full Bench of this Court in Kulwinder Singh v. State of Punjab 2007(3) Recent Criminal Reports 1052 that where the parties have arrived at compromise, interest of nobody will be Criminal Misc. No. M-5533 of 2009 3 served by pursuing the criminal litigation. Taking into consideration the ratio of law propounded by a Full Bench of this Court in Kulwinder Singh's case (supra), the following directions are issued to the trial Court:- a) Since respondent No.2 Narinder Singh has expired, the trial Court shall record the statement of his legal heirs to vouch safe the authenticity of the compromise; b) Statement of Karamjit Singh, another complainant, not party to petition will be also recorded. In case he also depose that he has no grudge and is agreeable to compromise, the trial Court, subject to further direction contained in sub paras (c) & (d), permit dropping of proceeding against the petitioner. c) Statement of respondent No.3 Sukhbir Singh shall be also recorded whether the parties arrived at compromise or not. d) On payment of Rs.90,000/- by the petitioner to respondent No.3, it is directed that trial Court shall drop the proceedings against him as this Court issue directions to this effect under Section 482 Cr.P.C. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge April 21, 2009 “DK”