Kulwinder Singh vs State Of Punjab on 5 December, 2006
It was pleaded that the complainant of
the said FIR had filed recovery proceedings before Debt Recovery
Tribunal, Delhi and they had withdrawn the recovery certificate in July,
2013 and an order was passed in this regard. It was pleaded that the
company in liquidation did not have any intention to cheat any secured
or unsecured creditors. It was pleaded that the petitioners and
complainant/respondent no.2 had reconciled their grievances and had
buried their disputes and therefore, they were approaching this Court for
quashing of the FIR as continuation of further proceedings would be
waste of judicial time and resultantly lead to miscarriage of justice. The
petitioners had pleaded that in view of the five Judges Bench judgment
reported in Kulwinder Singh Vs. State of Punjab, 2007(3) Law Herald
(P&H) 2225, the FIR should be quashed. The petitioners had also
prayed for interim stay.