KULWINDER KOMAL Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) By way of this petition under Section 482 of the Criminal Procedure Code, 1973 (for brevity, the Code), petitioner, the accused, in First Information Report (for short, FIR) No. 493 dated 13.12.2010 recorded under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (for short, the IPC), at Police Station, Division No.5, Civil Lines, Ludhiana (Annexure P1), seeks quashing of the above FIR saying that the matter has been amicably settled between him and the complainant-respondent No.2 as evidenced by affidavit, Annexure P-2.

(2.) Brief facts of the case are that respondent No.2 lodged the FIR against the petitioner by alleging that petitioner-Kulwinder CRM-M No.23975 of 2013 2 Komal had cheated the complainant and his wife by issuing a forged receipt of the University for the amount he received from them for sending them to Australia for study purpose. On the instructions of Inspector of Police, E.O. Wing, the petitioner gave them a cheque for the amount received from them and thereby, parties have settled the dispute.

(3.) Vide order dated 18.9.2013, the learned Illaqa Magistrate was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The learned Judicial Magistrate 1st Class, Ludhiana, has submitted report dated 07.04.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.