Ranjit Singh - (1.) PETITIONER Sumeet Gupta has approached this Court for quashing of FIR No.244 dated 13.11.2010 under Sections 406/420 IPC registered at Police Station Civil Lines, Patiala and also for quashing the subsequent proceedings arising therefrom on the basis of compromise.
(2.) THE petitioner is running the finance company under the name and style of Seaven Seas Financial Company with its head office at Jalandhar. Respondent No.2 was interested in purchasing some property situated at Mount Abbu and for this purpose, he wanted to obtain some financial help. The petitioner arranged loan but respondent No.2 backed out at last moment and refused to seek financial help. He, however, had paid a laison fees for doing this work which he demanded back from the petitioner. The petitioner refused to refund the same, whereupon the respondent-complainant got registered an FIR against the petitioner at Patiala. The police thereafter started investigation in the matter. In the meanwhile, respectables and friends intervened and met the petitioner and respondent No.2 for compromise. Respondent No.2 gave an affidavit that he shall not pursue the case against the petitioner any more. Copy of this affidavit is attached with the petition as Annexure P-2.
(3.) DESPITE this compromise, the police was calling the parties The petitioner has placed on record written agreement on a stamp paper. Compromise deed dated 18.10.2011 is also annexed with the petition. The petitioner accordingly has approached this Court for quashing of the FIR on the basis of this compromise. While issuing notice of motion on 17.1.2012, the petitioner and respondent No.2 were directed to appear before the Chief Judicial Magistrate, Patiala for recording their statements in regard to this compromise. The Chief Judicial Magistrate, Patiala was required to submit the report, which has accordingly been received. It is disclosed in the report that complainant Hardeep Singh appeared in the court on 8.2.2012 and has suffered a statement that he had entered into a compromise voluntarily without any pressure or coercion with the petitioner. Copy of the compromise has also been placed on the record before the Chief Judicial Magistrate. Complainant Hardeep Singh further stated that he was not interested in pursuing the case any further. Similar statement was also made by the petitioner. On the basis of this statement, the Chief Judicial Magistrate has submitted his report to the effect that this compromise has been entered into between the parties voluntarily, without any pressure or coercion.;