Rakesh Kumar @ Rinku vs The State of Punjab and Another

Ritu Bahri, J.—Quashing of FIR No. 31 dated 8.3.2011 under Sections 420/380 IPC registered at Police Station Longowal, District Sangrur (Annexure P1) is being sought on the basis of compromise dated 9.8.2012 (Annexure P-2). The FIR has been recorded on the statement made by Shivji Ram alleging that his nephew Rakesh Kumar had stolen a cheque and had withdrawn Rs. 1,65,000/- from the Punjab National Bank vide cheque No. 13133 dated 24.1.2011.

During the pendency of the trial, a compromise was effected between the parties on 9.8.2012 (Annexure P2).

In compliance of the order dated 28.2.2013, status report dated 17.4.2013 has been filed by the Addl. Chief Judicial Magistrate, Sangrur. As per this report, statement of Bhushan Kumar son of Shri Shivji Ram-complainant has been recorded to the effect that his father Shivji Ram has died on 17.1.2013 and he does not want to take any action against the accused and has no objection if the FIR in the present case is quashed. Statement of Rakesh Kumar has also been recorded to the same effect.

In view of the statements of the parties, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings. As per the Death Certificate Shivji Ram has expired on 17.1.2013.

Consequently, in view of the above circumstances and in view of the judgment of the Hon''ble Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab, and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Others Vs. State of Punjab and Another, under Sections 420/380 IPC registered at Police Station Longowal, District Sangrur (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioner. Petition is disposed of.