Udham Singh Sohana and another v. State of Punjab & anr
Case Details
CRM-M-56529-2024 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 119 CRM-M-56529-2024 (O&M) Decided on : 04.04.2025 Udham Singh Sohana and another . . . Petitioner(s) Versus State of Punjab & anr. . . . Respondent(s)
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Paras Jhamb, Advocate for Mr. Dharambir Singh Sobti, Advocate for the non-applicant(s)/petitioner(s). Mr. Amandeep Singh, DAG, Punjab. Mr. P.S. Ahluwalia, Advocate for applicant-respondent No.2. **** SANJAY VASHISTH, J. (Oral) CRM-14216-2025 I. This is an application filed u/s 528 of BNSS, 2023, for placing on record the copy of affidavit of complainant/respondent No.2, in compliance to the directions passed by this Court vide order dated 01.04.2025. II. Allowed as prayed for. Affidavit dated 03.04.2025 of the complainant/respondent No.2, in regard to the confirmation of the factum of compromise, filed along with application, is taken on record, subject to all just exceptions. Office to tag the same at appropriate place. III.
Decision
CRM stands disposed of. Main Case 1. In the present quashing petition, after noticing some of the previous orders, on 01.04.2025, following order was passed:- CRM-M-56529-2024 (O&M) - 2 - “i) order was passed: On the previous date of hearing i.e. 31.01.2025, following “Present: Mr. Damanbir Singh Sobti, Advocate for the applicants-petitioners. Mr. Amandeep Singh, DAG, Punjab. Mr. Gourav Jain, Advocate for respondent No.2. ***** CRM-2799-2025 Present application has been filed under Section 528 BNSS, whereby petitioners prayed that the present petition which was initially filed for quashing of FIR No.0043 dated 11.05.2024, under Sections 420 and 120-B IPC, registered at Police Station Phase 8, SAS Nagar Mohali, be converted as a compromise quashing petition. Learned counsel for the petitioners and respondents No. 2(complainant) jointly submit that the date fixed in the main case is 01.04.2025 and after filing of the present petition the efforts were made before the Mediation and conciliation Centre of this Court, wherein both the parties have amicably resolved their dispute, thus, prays for preponement of the date of hearing of the main case itself for any earlier date subject to the convenience of this Court. Notice of the application. Mr. Amandeep Singh, DAG, Punjab and Mr. Gourav Jain, Advocate, accept notice on behalf of respondents No. 1 and 2. Learned State counsel raises no objection to the joint request made by learned counsel for the petitioners and respondent No.2. Learned counsel for the respondents submit that both the petitioners before this Court are related as husband and wife and petitioner No.2 is suffering from cancer and is unable to come back to give statement in regard to the final settlement. Therefore, there is no objection to convert the present petition into a compromise quashing petition. In view of the above, the present application i.e. CRM-2799-2025 is allowed and the present petition itself is converted to be a compromise quashing petition. Application stands disposed of. Main case: As per a separate order passed in CRM-2799- 2025 and considering the fact that the parties have resolved their dispute, on oral request of learned counsel for the parties, main case is preponed from 01.04.2025 to 31.01.2025 i.e. today itself. A report dated 29.11.2024 has been received from the Mediation and Conciliation Centre of this Court, informing the Court that the mediation proceedings were successful and original settlement/compromise prepared in mediation case No. 1907 of 2024, signed by all the parties including the witnesses is already there on record. As per statement and terms recorded in the compromise/settlement before the Mediation and Conciliation Centre, total outstanding amount is Rs.80,00,000/- (Eighty lacs) and out of the said amount, in three installments, total amount of Rs.50 lacs (fifty lacs) has been paid by the petitioners to the respondent. Learned counsel appearing on behalf of respondent No.2 admits the factum of receiving of Rs.50,00,000/- (fifty lacs) and submits that remaining Rs.30,00,000/- (thirty lacs) are yet to be paid by the petitioners. CRM-M-56529-2024 (O&M) - 3 - Learned counsel for the petitioners prays for some time to enable them to make full and final payment before the next date of hearing. List on 01.04.2025.” Learned counsel for petitioners submits that remaining ii) amount of Rs.30,00,000/- (Rupees thirty lacs only) has been paid to respondent No.2. The said fact is endorsed by Mr. P.S. Ahluwalia, Advocate, iii) representing respondent No.2. Learned counsel for respondent No.2 and seeks time to file affidavit to the effect of receiving the amount and also qua his stand whether there is any objection with regard to the quashing of proceedings arising from the FIR. iv) v) Adjourned to 04.04.2025. To be shown in the urgent list.” 2. As is already noticed that the parties have settled their dispute by way of entering into compromise before the Mediation and Conciliation Centre of this Court, affidavit dated 03.04.2025 (which has already been taken on record vide order of even date passed separately in CRM-14261- 2025), has been filed by accepting the settlement of the dispute and that he has received all the settlement amount of Rs.80.00 lacs, and there being no other dispute between the parties. For reference, the contents of the affidavit dated 03.04.2025, are reproduced here-under:- 3. 2. “1. That the deponent has got registered FIR No.43 dated 11.05.2024 registered under Sections 420 read with 120-B of the IPC at police station Phase-8, District Mohali against Udham Singh and Manjit Kaur. That the accused has approached this Hon’ble Court praying for quashing of the above said FIR vide case CRM-M 56529 of 2024. That the dispute between the parties stands resolved before the Mediation and Conciliation Centre of the Hon’ble Punjab and Haryana High Court, Chandigarh. That in terms of the compromise as arrived between the parties, the deponent has received whole amount of Rs.80 lacs and thus, there is no further dispute between the parties. That the deponent has no objection if the above mentioned FIR and the proceedings arising therefrom are quashed.” 4. 5. 3. Even today also, during the course of hearing before this Court, parties have agreed for quashing of the impugned FIR on the basis of settlement arrived at between them before the Mediation and Conciliation CRM-M-56529-2024 (O&M) - 4 - Centre of this Court. 4. Accordingly, the present petition is allowed. FIR No. 0043, dated 11.05.2024, registered under Section 420 r/w Section 120-B of IPC, lodged at Police Station Phase 8, District SAS Nagar (Mohali) (Annexure P- 1), and all consequential proceedings arising therefrom, are hereby ordered to be quashed, qua the petitioners, on the basis of compromise arrived at between the parties before the Mediation and Conciliation Centre of this Court. 5. Petition stands disposed of. (SANJAY VASHISTH) JUDGE April 04, 2025 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No