LAWS(P&H)-2019-11-176

DEEPAK SACHDEV Vs. STATE OF PUNJAB

Decided On November 22, 2019
Deepak Sachdev Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.160 dated 29.12.2015, registered under Sections 420, 465, 466, 467 and 471 of the Indian Penal Code (for short 'the IPC'), at Police Station Division No.3, District Jalandhar, and all consequential proceedings arising therefrom, on the basis of compromise dated 15.5.2019. (Annexure P-3).

(2.) Vide order dated 20.5.2019, the parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their statements recorded; as to the genuineness of the compromise. In compliance thereof, report of Additional Chief Judicial Magistrate, Jalandhar dated 27.5.2019, has been received, wherein, it has been noticed that there are total three accused persons, namely, Deepak Sachdev-petitioner No.1, Amit Raina- Singh- petitioner No.2 and Rajeev Chopra-petitioner No. 3. It is also submitted that the petitioners have voluntarily entered into a compromise with the complainant, without any pressure, undue influence, coercion, inducement, threat. Neither the present petitioners have been declared as proclaimed offender in this case nor any criminal proceedings are pending against either of the parties.

(3.) Learned counsel for the petitioner has further relied upon the judgment of the Supreme Court in Criminal Appeal No.199 of 2018 arising out of Special Leave Petition (Criminal) No.978 of 2018; Smt. Anita Maria Dias and another Vs. State of Maharashtra and another, to contend that even the offence under Sections 406, 420, 467, 471 of IPC can be quashed on the basis of compromise.