VISHWNATH KHEMKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners seek quashing of FIR No. 8 dated 27.4.2010 u/s/ 420/467/468/471/120-B IPC registered at P.S. XI, SAS Nagar, Mohali on the basis of compromise. The FIR was registered at the instance of complainant- respondent No.4 company through its authorised signatory SB Sharda alleging that the petitioners had caused wrongful loss to the company by paying heavy commission to two companies, named in the FIR, as such, the offence of cheating had been committed by the petitioners. The prosecution agency, after investigation, had presented cancellation report but it was not accepted on account of protest raised by the complainant before the Illaqa Magistrate. This petition was filed subsequently on the ground that the matter has been amicably settled.

(2.) SH . SB Sharda complainant appeared before this court on 22.11.2012 and stated that he has got no objection in case the FIR, on the basis of compromise, is quashed. Sh. SB Sharda was required to produce a resolution authorizing him to compound the offence on behalf of the company. The parties were directed to appear before the Illaqa Magistrate to get their statements recorded regarding matter having been compromised. The statements of the parties have been recorded. A report has been received from the court of CJM Mohali, after recording the statements of the complainant and the accused- petitioners, to the effect that the parties have compromised the matter with their free will without any threat, pressure or inducement.

(3.) THE petition is allowed, the above said FIR and all the criminal proceedings emanating therefrom are hereby quashed on the basis of compromise, subject to petitioners depositing a sum a total sum of Rs.30000.00 with the Punjab State Legal Service Authority, Sector 22, Chandigarh and another sum of Rs.10000.00 with the Punjab Police Welfare Fund, Sector 9, Chandigarh, within a period of two months from today.