KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.37 dtd. 21/3/2010 under Ss. 420, 406 IPC and Sec. 24 of the E.M. Act, registered at Police Station Bholath, District Kapurthala and all other consequential proceedings arising out of the aforesaid FIR on the basis of compromise in the shape of affidavit dtd. 8/8/2016 arrived at between the parties, qua the petitioner.

(2.) This petition is pending since 2016 and on 27/11/2018 the parties were directed to get their statements recorded on the basis of the compromise. It was also noticed that the trial Court has sent a report in which respondent No.2-complainant has refused to record her statement with the allegation that Rs.2.5 lacs has not been paid to her, as per the compromise. It is also noticed that in an earlier statement on 12/5/2015, respondent No.2 has admitted having receiving the entire consideration on behalf of the accused and, therefore, she cannot be permitted to backtrack as the amount is already paid.

(3.) Counsel for the petitioner has further submitted that the petitioner was, in fact, residing abroad when the trial Court recorded the statement of respondent No.2 on 12/5/2015, which reads as under : -