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2019 DIGILAW 1545 (PNJ)

Usha Khurana v. State Of Punjab

2019-05-15

MAHABIR SINGH SINDHU

body2019
JUDGMENT : Mahabir Singh Sindhu, J. Present petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.22 dated 18.01.2018 (P-1), under Sections 323, 341, 506, 427, 148 and 149 of the Indian Penal Code, 1860, registered at Police Station Division No.4, District Police Commissioner ate Ludhiana along with all consequential proceedings arising therefrom on the basis of compromise dated 05.12.2018 (P-2), entered into between the parties i.e. petitioners as well as respondent Nos.2 and 3. 2. Brief facts of the case are that complainant/respondent No.2-Richa Khurana and her husband/respondent No.3-Abhishek Khurana are the partners to the extent of 1/3rd share each in the Crockery Kitchen Hub Firm, namely, Khurana Enterprises. Her mother-in-law, father-in-law and sister-in-law asked the complainant and her husband/respondent No.3 to enhance their business by putting the material in the shop worth Rs.10 Lakh. On their asking, she brought Rs.2 Lakh and gave to them. Thereafter, complainant again gave Rs.25 Lakh to the abovesaid persons on the pretext that they will give the share of Tayas/Chachas (uncles) in the shop by paying the said amount. Further alleged that the said persons purchased the land to the extent of share of the complainant in the shop and mutation was also entered in her name. Thereafter, her mother-in-law and father-in-law stopped the complainant and her husband to come to the Shop. On 12.12.2017, when the complainant was in front of the shop, then Mohit Malhotra (husband of sister-in-law), her mother-in-law and father-in-law abused her and gave beatings. They also took out the material from the shop. Complainant again put a lock on the shop and thereafter, father-in-law, motherin-law, sister-in-law and her husband-Mohit Malhotra along with his father opened the lock and took away the material worth Rs.80 Lakh. Therefore, she alleged that the lives of complainant & her husband are in danger at the hands of abovesaid persons. Hence, the present FIR was registered. 3. This Court, while issuing notice of motion on 20.12.2018, passed the following order:- "Notice of motion. Mr. Ramandeep Singh Sandhu, Deputy Advocate General, Punjab, accepts notice on behalf of respondent No.1. Ms. Richa Khurana, Advocate puts in appearance on behalf of respondent No.2 and files his Vakalatnama, which is taken on record. Learned counsel for the petitioners contends that the matter has been compromised between the parties and another connected matter CRM-M57231-2018 is also pending for 14.03.2019 before this Court. Ms. Richa Khurana, Advocate puts in appearance on behalf of respondent No.2 and files his Vakalatnama, which is taken on record. Learned counsel for the petitioners contends that the matter has been compromised between the parties and another connected matter CRM-M57231-2018 is also pending for 14.03.2019 before this Court. In view of above, let the parties appear before the Court of learned Illaqa Magistrate/trial Court on 29.01.2019 to record their statements with reference to the compromise, if any, entered into between them. Learned Illaqa Magistrate/trial Court will record the statements of all accused, complainant/injured and victim, if any and submit a report along with the statements to this Court before the next date of hearing containing the following information:- (i). Whether the statements of the parties are bona fide and are not result of any pressure or coercion etc. in any manner? (ii). Whether the compromise effected between the parties is genuine and valid? (iii). Whether all the accused, complainant and injured are party to the compromise and if not, the details/particulars of such persons. (iv). Whether any other case is pending against either of the parties or not, if yes, the details thereof. (v). Whether any of the persons involved in this case/dispute has been declared a proclaimed offender. List before this Court on 14.03.2019 for further consideration. Meanwhile, learned State Counsel shall also get the instructions in the matter as to whether the State has any objection or not? Copy of this order be sent to learned Judicial Officer concerned forthwith for information and compliance." 4. In terms of aforesaid order, the statements of both the parties were recorded by learned Judicial Magistrate 1st Class, Ludhiana and submitted a report dated 06.03.2019. The operative part of the same reads as under:- 'From the statements suffered by the above stated parties, I am satisfied that the parties have voluntarily entered into compromise with each other and the compromise which was produced in original appears to be genuine. The compromise appears to be without any pressure or coercion in any manner. As such, a valid compromise has been arrived at between the parties. It is further submitted that all the accused are appearing before the Court. No accused is declared as proclaimed offender.' 5. The compromise appears to be without any pressure or coercion in any manner. As such, a valid compromise has been arrived at between the parties. It is further submitted that all the accused are appearing before the Court. No accused is declared as proclaimed offender.' 5. A perusal of the aforesaid report clearly reveals that the matter has been compromised by both the parties with their free consent, voluntarily and without any coercion or undue influence. 6. Learned State Counsel, on instructions from ASI Sukhwinder Singh, has acknowledged the above fact and further stated that he has no objection in case the present FIR as well as all other consequential proceedings are quashed on the basis of the compromise effected between the parties. Even before this Court also, there is no objection by either of the parties in case the present FIR is quashed. 7. In view of above, this Court is fully convinced that the offences are entirely personal in nature and do not affect any public peace or tranquillity and thus quashing of FIR in question along with all consequential proceedings on the basis of compromise would bring peace and harmony to secure the ends of justice. Consequently, the present petition is allowed and the aforesaid FIR along with all consequential proceedings resulting therefrom are quashed qua the petitioner.