Punjab-Haryana High Court
Iqbal Singh Gill vs State Of U.T. Chandigarh And Another on 27 August, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc No. M-22242 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc No. M-22242 of 2012 (O&M)
Date of decision : 27.08.2012
Iqbal Singh Gill ....Petitioner
versus
State of U.T. Chandigarh and another ...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. A.D.S. Sukhija, Advocate
for the petitioner.
Mr. Preetpal, APP, U.T. Chandigarh
****
RITU BAHRI , J. (Oral)
Quashing of FIR No. 216 dated 17.05.2012 under Sections 420/120-B IPC, registered at Police Station Sector 34, Chandigarh, is sought on the basis of compromise dated 21.07.2012 (Annexure P2).
F.I.R has been registered at the instance of respondent No. 2 on the allegation that Dattar Singh and R.L. Pahwa approached the complainant in March, 2008 and informed that they are representative of Iqbal Singh Gill who is a trustee of a German Trust which provides loan to sound parties who are dealing in the business of export and import and construction. They assured the complainant that they will get the complainant loan of Rs.50 crores from the trust with the help of the petitioner at a very cheap rate and for that the complainant has to pay a total of 4.5% of the loan Crl. Misc No. M-22242 of 2012 (O&M) -2- amount as commission in which 0.25% has to be paid as commission in advance i.e Rs. 6,25,000/- each to Dattar Singh and R.L. Pahwa for preparing project report and 1% of the loan amount as commission in advance i.e Rs.50,00,000/- to the petitioner in advance and the remaining 2.5% commission can be paid to them after the disbursement of the loan. Feeling not satisfied, the petitioners along with Datar Singh and R.L. Pahwa showed the complainant document purporting to be auhtorization letters of Reserve Bank of India and Ministry of Finance and Bank statements of the trust. Thereafter, a written agreement was signed in this respect on 13.06.2008. The complainant paid a sum of Rs. 6,25,000/- to R.L. Pahwa vide three separate cheques bearing NO.s 383052, 383053 & 383054 dated 18.06.2008, 20.06.2008 and 28.06.2008 respectively drawn on Catholic Syrian Bank, Sector 34, Chandigarh. Simlary an amount of Rs. 6,25,000/- was paid to Dattar Singh vide three separate cheques bearing Nos. 383055, 383056 & 383057 dated 18.06.2008, 20.06.2008 and 28.06.2008 respectively drawn on Catholic Syrian Bank, Sector 34, Chandigarh. The said amount was paid in presence of complainant's father Birbal Jakhar and Uncle Sahib Ram Saien. The complainant was made to sign various documents for the purpose of submitting the proposal to the trust. The complainant was further made to sign a large number of blank papers and stamp papers on the pretext that the said papers and stamp papers will be required/used in case of any necessity. The complainant further handed over two pay order bearing No. 16764 dated 06.08.2008 amounting to Rs. 3.8 lacs and pay order No. 167620 Crl. Misc No. M-22242 of 2012 (O&M) -3- dated 07.08.2008 amounting to Rs. 1.2 lacs to the petitioner, which were duly encashed by him. He also gave in writing that he has received the sum of Rs. 50 lacs for getting the loan sanctioned. Lateron Iqbal Singh, R.L. Pahwa and Dattar Singh kept on giving excuses and the complainant kept on continuously visiting and meeting them. That thereafter, the petitioner asked the complainant to deposit rum of Rs. 1,60,000/- on 06.07.2009, Rs. 1,45,000/- and Rs. 1,67,000/- on 08.07.2009 in the bank account NO. 088505000094 of Amarjit Singh with ICICI Bank which were duly deposited by the complainant in the Sector 35 Branch of Chandigarh. Thereafter, the petitioner asked the complainant to reach dubai and open a new firm in Dubai. The complainant accordingly reached Dubai on 04.09.2009 and completed the entire formalities of opening a firm at Dubai by the name of Shree Lakshmil international FZE and informed the petitioner. On asking of the petition, the complainant returned back to India on 14.09.2008. Again he reached Dubai on 22.09.2008. Then the petitioner sent Dattar Singh to Dubai on 22.09.2008. On further advise of the petitioner, the complainant reached Singapore and met one Shilpi Chaudhary and paid US 5000 for the purpose of opening a new firm and bank account and completed all the formalities. The complainant had to spend an amount of Rs. 1 lac for the travel and stay at Dubai in addition to US 5000 dollars which were paid to Shilpi Chaudhary. Since then the petitioner has been lingering on the matter and has just paid a sum of Rs. 30 lacs vide different cheques. While Dattar Singh issued cheque bearing Nos. 052692 dated 01.10.2011 of Rs. 2,50,000/ -, 052693 dated Crl. Misc No. M-22242 of 2012 (O&M) -4- 11.10.2011 of Rs. 1,50,000/ - and 052694 dated 21.10.2011 of Rs. 2,25,000/ - and R.L. Pahwa issued cheque bearing No. 811069 dated 01.10.2011 of Rs. 1,50,000/ -, 811070 dated 11.10.2011 of Rs. 2,25,000/ - and 811071 dated 21.10.2011 of Rs. 2,50,000/ -.However, all the cheque has been dishonoured. Now all the above said persons have flatly refused to refund the amount to the complainant and have defrauded the applicant of more than Rs.85 lacs and instead of returning the amount they are threatening him.
However, at the stage of investigation, the matter has now been settled between the petitioner and respondent No. 2, vide compromise deed dated 21.07.2012 (Annexure P2).
In compliance of order dated 26.07.2012, the parties got recorded their statements. Report of JMIC, Chandigarh has been received in this regard. As per report, statements of the parties have been recorded. Complainant got recorded his statement stating therein that due to mediation of respectable members of the society and mediator, the matter has now been settled with the petitioner. He has no grudge against the accused person namely Iqbal Singh Gill. A written compromise has been executed between the complainant and the petitioner. He has compromised the matter with the petitioner voluntarily, without any pressure, coercion. He has received a draft No. 095454 dated 16.08.2012 for an amount of Rs. 50,00,000/- issued by Axis Bank Limited. He has no objection now if the security cheque No. 270879 dated 31.08.2012 for Rs. 50,00,000/- of HDFC Bank, which was handed over to P.S. Gill is collected by the petitioner from Crl. Misc No. M-22242 of 2012 (O&M) -5- P.S. Gill. The amount of draft which has been received by him is full and final payment towards all their settlements. He has no other litigation with the accused Iqbal Singh Gill. He do not want to puruse the F.I.R Accused/Petitioner has also got recorded his statement to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine.
After going through the status report in which the complainant has stated that he has received full and final payment and nothing is due as per the allegations contained in the F.I.R.
Respondent No. 2 is present in the Court and has tendered its affidavit in which he has stated that he has received his entire money from the petitioner and nothing is outstanding from his claim in the case. He has further submitted that though the compromise has been executed by the complainant with I.S. Gill but he has no objection if the entire F.I.R is quashed qua all the three accused namely Iqbal Singh Gill, R.L. Pahwa and Dattar Singh. The complainant has been duly identified by SI Sushil Kumar.
In view of the fact that the complainant has received the entire money of his claim, this Court is of the view that the entire disputed amount has been settled amicably and nothing is due from Iqbal Singh Gill, R.L. Pahwa and Dattar Singh. However, the present petition has been filed by only one accused i.e Iqbal Singh Gill but since the entire disputed amount has been paid by the petitioner to the complainant, therefore, F.I.R can be quashed against other two accused also namely R.L. Pahwa and Dattar Singh. Crl. Misc No. M-22242 of 2012 (O&M) -6-
Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 216 dated 17.05.2012 under Sections 420/120-B IPC, registered at Police Station Sector 34, Chandigarh is quashed with all consequential proceedings arising therefrom qua petitioner as well as against R.L. Pahwa and Dattar Singh.
The petition stands disposed of.
27.08.2012 (RITU BAHRI) G.Arora JUDGE