KULJINDER PAL SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr.P.C. for quashing of the order dtd. 25/7/2016 (Annexure P-4) whereby the proceedings have been initiated by ld. JMIC, Sri Muktsar Sahib under Sec. 340 Cr.P.C along with Sec. 446 Cr.P.C and all the subsequent proceedings arising therefrom on the ground that after compounding the offence in case FIR No. 200, dtd. 23/8/2009 under Sec. 36(3) of Punjab Apartment and Property Regulation Act 1995, registered at Police Station Muktsar City, the proceedings initiated against the petitioner under Sec. 340 Cr.P.C along with Sec. 446 Cr.P.C on the application of one stranger person, namely, Jaspal Singh r/o Gawalior, MP who is having dispute with the petitioner, is wholly unjust and arbitrary under the law.

(2.) Learned counsel for the petitioner submits that the aforesaid FIR, pertaining to deposition of compounding fee with respondent No.2-PUDA, had already stood compounded in accordance with the statutory provisions of the said Act. It is contended that once the offence was duly compounded and the matter attained finality, no further criminal proceedings were maintainable. He further submits that despite the compounding of the principal offence, an application was subsequently moved by a person who was neither the complainant nor an aggrieved party, alleging that the petitioner had sought short exemption from personal appearance on a false ground. It is contended that such an application was wholly misconceived and not maintainable, as the said applicant had no locus standi to intervene in proceedings arising out of a matter already settled and concluded.

(3.) It is also submitted that the FIR was lodged on 23/8/2009 and the impugned order was passed on 25/7/2016 (Annexure P-4) and the continuation of the proceedings at the instance of a third party, after conclusion of the main dispute, would amount to abuse of process of law and cause unnecessary harassment to the petitioner.