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High CourtsSingle Bench(2011) 05 P&H CK 0090

Sanjeev Kumar and Another vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 26 May 2011

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
CASE NUMBER
Criminal Miscellaneous No. M-14937 of 2011

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Judgment

7 paragraphs · 341 words

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482 Code of Criminal Procedure seeking quashing of the case FIR No. 23 dated 1.5.2011, registered at Police Station Talwandi Chaudhrian, District Kapurthala, on the basis of a compromise dated 11.5.2011 (Annexure P2).

2.

In the present case, FIR was lodged by Parshotam Lal wherein he stated that he intended to settle permanently in United States of America. Petitioner No. 1 Sanjeev Kumar is son of his co-brother, who along with his wife Rupali alias Manju Bala, had assured the complainant that he would be able to obtain a visa for him and ensured his migration and permanent settlement in the United States of America. It was stated that a sum of Rs. 7,00,000 was paid by the complainant to his nephew and his wife.

3.

Today, the complainant/Respondent No. 2 is present in Court. He has been identified by Shinder Singh, Assistant Sub Inspector, Anti Fraud Squad, Kapurthala. The complainant has stated that he has received the amount paid by him to the accused/Petitioners.

4.

Learned Counsel for Respondent No. 1 has submitted that the Investigating Agency has verified the compromise and shall submit the cancellation report in the Court of concerned Area Judicial Magistrate within a period of one month from today.

5.

In the present case, FIR has been lodged against the Petitioners for the offence u/s 406 and 420 IPC. Both the offences are compoundable.

6.

Taking into consideration the statement made by learned Counsel for the State that the cancellation report shall be submitted by the Investigating Agency within a period of one month from today, the present petition is disposed of by directing the concerned Court that as and when the cancellation report is filed, it shall verify the factum of compromise and shall take a final decision thereupon within one month thereafter, in view of the law laid down in Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) RCR (Cri) 1052.

7.

Petition stands disposed of in the above terms.