VIKAS MALHOTRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present petition, the petitioners are seeking quashing of FIR No.125 dtd. 26/9/2018, registered for the offence punishable under Ss. 406, 420, 120-B of the Indian Penal Code, Police Station Phase 11, Mohali, on the basis of compromise dtd. 11/1/2019 (Annexure P-2).

(2.) On 19/5/2023, the following order was passed:-

(3.) Pursuant to the aforesaid order, report from Judicial Magistrate Ist Class, S.A.S. Nagar, Mohali dtd. 15/7/2023 has been received, which is taken on record. As per the report, the trial Court has recorded as follows:- 'On the subject cited above, I have the honour to submit that in the above mentioned case, Hon'ble Punjab & Haryana High Court, Chandigarh, vide order dtd. 19/5/2023 had directed the parties to appear before the Trial Court/Illaqa Magistrate, on or before 4/7/2023 or any other date convenient to the said court, for getting their statements recorded with regard to compromise, in FIR No.125 dtd. 26/9/2018 under Sec. 406, 420 120-B of IPC, registered at Police Station Phase-XI, Mohali. Complainant/respondent no.2 Hitender Kundu son of Satvir Singh came present in court and recorded his separate statement that the FIR No. 125 dtd. 26/9/2018. U/s 406, 420, 120-B IPC was registered at Police Station Phase-11, District SAS Nagar, Mohali against accused persons namely Vikas Malhotra S/o Ramesh Malhotra and Shri Raj @ Rajesh Thakur S/o Ranjit Singh on the basis of his complaint/statement. Now, he has entered into a compromise with regard to the said FIR in the present case with the accused persons namely Vikas Malhotra S/o Ramesh Malhotra and Shri Raj @ Rajesh Thakur S/o Ranjit Singh in the present FIR. The compromise is genuine. He further stated that the compromise has been effected between him and accused persons namely Vikas Malhotra S/o Ramesh Malhotra and Shri Raj @ Rajesh Thakur S/o Ranjit Singh voluntarily, out of his free will, without any kind of pressure, coercion or undue influence etc. Except the present statement, they had not executed any written compromise deed. He has no objection, if the aforesaid FIR is quashed against the above said accused persons namely Vikas Malhotra S/o Ramesh Malhotra and Shri Raj @ Rajesh Thakur S/o Ranjit Singh on the basis of above-stated compromise. He is the only complainant/victim/aggrieved person in the present case. Statement of accused/applicant Vikas Malhotra S/o Ramesh Malhotra recorded separately in writing in which he stated that he has effected compromise with the complainant namely Hitender Kundu S/o Satvir Singh, in FIR No. 125 dtd. 26/9/2018, U/s 406, 420, 120-B IPC registered at Police Station Phase- 11, District SAS Nagar, Mohali. He has compromised the present FIR matter with the complainant Hitender Kundu S/o Satvir Singh voluntarily and without any kind of pressure, coercion or undue influence. The said compromise is genuine. He will be bound by all the conditions laid down in the above-said compromise. Except the present statement, we have not executed any written compromise deed. As such, it has been prayed that the present FIR against him may be quashed. He has not been declared proclaimed offender by any court of law in any criminal case. He had also placed on record photocopy of his Aadhar Card for his identification. Statement of accused/applicant Shri Raj @ Rajesh Thakur Son of Ranjit Singh, recorded separately in writing in which he stated that he has effected compromise with the complainant namely Hitender Kundu S/o Satvir Singh, in FIR No. 125 dtd. 26/9/2018, U/s 406, 420, 120-B IPC registered at Police Station Phase- 11, District SAS Nagar, Mohali. He has compromised the present FIR matter with the complainant Hitender Kundu S/o Satvir Singh voluntarily and without any kind of pressure, coercion or undue influence. The said compromise is genuine. He will be bound by all the conditions laid down in the above-said compromise. Except the present statement, they have not executed any written compromise deed. As such, it has been prayed that the present FIR against him may be quashed. He has not been declared proclaimed offender by any court of law in any criminal case. He had also placed on record photocopy of his Aadhar Card for his identification. It is pertinent to mention here that the above said accused persons and complainant were identified by their respective counsels. Investigating officer ASI Netar Singh Belt No.217/FGS, SAS Nagar, presently posted at PS Phase-11 Mohali, appeared in court and suffered his statement in writing that he is the investigating officer of the present case bearing FIR No.125 dtd. 26/9/2018, U/s 406, 420, 120-B IPC was registered at Police Station Phase-11, District SAS Nagar, Mohali on the statement of the complainant Hitender Kundu S/o Satvir Singh against accused persons namely Vikas Malhotra S/o Ramesh Malhotra, Jasneet Kaur and Shri Raj @ Rajesh Thakur S/o Ranjit Singh but accused Jasneet Kaur was not arrested in the present FIR till date. There is only one complainant Victim in the said FIR Namely Hitender Kundu S/o Satvir Singh. He further gave the answer of the following questions i.e.