Pawan Kumar Sharma And Others vs State Of Haryana And Another on 16 August, 2012

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Punjab-Haryana High Court

Pawan Kumar Sharma And Others vs State Of Haryana And Another on 16 August, 2012

Bench: M.M.S. Bedi

CRM M-17777 of 2012                                          [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH.

                                CRM M-17777 of 2012

                                Date of Decision: August 16, 2012

Pawan Kumar Sharma and others

                                      .....Petitioners

            Vs.

State of Haryana and another

                                      .....Respondents

CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                         -.-

Present:-   Mr. Ankur Mittal, Advocate
            for the petitioners.

            Mr., Pawan Sharma, Advocate for UT

            Mr. H.P.S. Ishar, Advocate for respondent No.2.


                   -.-

M.M.S. BEDI, J.

Petitioners seek the quashing of FIR No. 283 dated October 14, 2009 under Sections 418, 420, 506, 148, 149 IPC, registered at Police Station, Sector 36, Chandigarh, on the basis of compromise. Said FIR was registered at the instance of respondent No.2-Alamjit Singh Mann, by filing a compliant under Section 156 (3) Cr.P.C., alleging that petitioners No.1 to 4 constituted an unlawful assembly and with a common objective committed fraud and cheating and induced the complainant to execute sale deed CRM M-17777 of 2012 [2] regarding the land measuring 2 bighas 15 biswas mentioned in the complaint situated in Derabassi, informing the complainant that petitioner No.1 Pawan Kumar and petitioner No.3 Ram Bhaj Mittal shall issue cheques but the complainant did not agree. The said petitioners went to the restaurant of the complainant on March 1, 2009 in presence of the employees and started persuading him to execute the sale deed in favour of M.M.D. Infrastructure belonging to the accused but the complainant did not agree. In order to show their bonafide, Pawan Kumar issued a cheque of Rs.50 lacs on March 5, 2009 and Ram Bhaj Mittal issued a cheque of Rs.14 lacs on March 2, 2009 drawn on Punjab and Sind Bank and the accused promised that the cheques would be honoured. The complainant accepted the offer and agreed to execute the sale deed regarding the land without payment of sale consideration on the same day. Sale deed was executed on March 2, 2009 which was got prepared by petitioners No.1 to 4 wherein it was falsely mentioned that sale consideration has been received in cash for sale of said land and that nothing was to be paid before Sub Registrar. An additional agreement was also executed simultaneously and a cheque of Rs.43,50,000/- dated March 16, 2009 was issued by petitioner No.1 on the conditions mentioned in additional agreement dated March 2, 2009. Thereafter both the cheques were dishonoured by the bank. In this manner, the sale deed was executed without any consideration. The complainant was criminally intimidated. After the FIR having been registered, the matter has been compromised. Complainant has admitted that vide compromise CRM M-17777 of 2012 [3] dated June 1, 2012, parties have amicably settled the dispute.

The parties have appeared in the Court and admitted that the matter has been compromised. The FIR can be quashed on the basis of compromise as per the law laid down in Full Bench judgment of this Court in Kulwinder Singh Vs. State of Punjab and others, 2007 (3) RCR (Crl.) 1052.

In the present case, from the very beginning, the complainant had launched the prosecution by abusing the process of the Court. The FIR was registered and investigation was being conducted. It is apparent that there was a civil dispute between the parties but an attempt was made to give it a colour of commission of criminal offence.

I have gone through the terms of the compromise indicating that the property dispute has been amicably settled. Time of the Court as well as of the police has been wasted.

Petition is allowed. FIR No. 283 dated October 14, 2009 under Sections 418, 420, 506, 148, 149 IPC, registered at Police Station, Sector 36, Chandigarh and all the criminal proceedings emanating therefrom are hereby quashed subject to petitioners and complainant- respondent No.2 depositing a total sum of Rs.50000/- with U.T. State Legal Services Authority, within a period of one month. A sum of Rs.25000/- will be deposited by the petitioners and the remaining sum of Rs.25000/- will be deposited by the complainant/ respondent No.2.

August 16 , 2012                                      (M.M.S.BEDI)
 CRM M-17777 of 2012       [4]




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