(1.) BY way of this petition under Section 482 of the Criminal Procedure Code, 1973 (for brevity, the Code), petitioner, the accused, in First Information Report (for short, FIR) No. 72 dated 11.5.2012 under Sections 406/420/120 -B of the Indian Penal Code (for short, the IPC), recorded at Police Station Rama Mandi, District Jalandhar, seeks quashing of the FIR saying that the matter has been amicably settled between him and the complainant/victim as evidenced by the deed of compromise dated 7.9.2013( Annexure P2).
(2.) BRIEF facts of the case are that respondent No.2 got lodged the FIR against the petitioner and other co -accused alleging that accused persons allured him to send his sons to Canada and a deal was settled at Rs. 25,00,000/ - out of which a sum of Rs. 10,00,000/ - was received by accused persons as advance payment from him to send his two sons abroad but accused persons neither sent his sons abroad nor returned his money. According to the compromise, the victim has received a demand draft for Rs. 7,00,000/ - from the petitioner in full and final settlement of his claim. While issuing notice of motion, the Illaqa Magistrate was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The Illaqa Magistrate has submitted a report dated 21.1.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The Complainant who is present through his counsel and the State have no objection if the FIR and proceedings arising therefrom are quashed.
(3.) FROM the above it is established that the parties to the lis have resolved the inter se dispute amicably and to live in peace and harmony. Reference may be made to a Five -Judges Bench decision of this Court in Kulwinder Singh v. State of Punjab, 2007 3 RCR(Cri) 1052 , wherein it has been held as under: