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Kuldeep Singh Malhotra vs State Of Punjab on 13 August, 2018

CRR-1173-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
236
CRR-1173-2018 (OM)
Date of Decision:13.08.2018

Kuldeep Singh Malhotra
…..Petitioner

Versus

State of Punjab and another
…..Respondents

CORAM: HON’BLE MR.JUSTICE HARI PAL VERMA.

Present: Mr. APS Luna, Advocate,
for the petitioner.

Mr. Surinder Pal Singh Tinna, Addl. A.G., Punjab.

Mr. Padamkant Dwivedi, Advocate,
for respondent No.2-complainant.

****

HARI PAL VERMA, J.(Oral)

Petitioner has filed the present revision petition against the

judgment dated 20.03.2018 passed by learned Additional Sessions Judge,

SAS Nagar Mohali, whereby his appeal against the judgment of conviction

and order of sentence dated 19.05.2017 passed by learned Judicial

Magistrate 1st Class, SAS Nagar, Mohali, was dismissed.

Briefly stated, an FIR No. 47 dated 23.04.2013, u/s 406, 420

IPC, P.S. Phase-8, SAS Nagar, Mohali was registered against the petitioner-

accused on the allegations that on 14.08.2011, he (petitioner) contacted

respondent No.2-complainant to sell his house while stating that he is

having 20% share in house No. 2403, sector 35-C, Chandigarh and the same

is without any encumbrances and that the original documents are lying with

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his friend. At that time, Gurpeet Singh was also present. The deal was struck

for Rs.1,02,00,000/-, out of which, a sum of Rs.20,00,000/-was paid as

earnest money and an agreement dated 17.08.2011 was executed between

the parties. Sale deed was agreed to be executed on or before 31.12.2011.

But, the accused (petitioner) failed to show original documents to

complainant and put off the execution of sale deed on one pretext or the

other. Later on, it transpired that the said house was mortgaged with IDBI

Bank. In this manner, the accused misrepresented the facts and

misappropriated the amount of complainant.

After completion of investigation, challan against the accused

was prepared and presented in the Court. Copies of documents were

supplied to accused free of cost as envisaged under section 207 Cr.P.C.

Finding a prima-facie case, the accused was charge sheeted under Section

406 and 420 IPC, to which he pleaded not guilty and claimed trial.

During the trial, the prosecution examined PW-1 Aunjay Nath

complainant, PW-2 Gurpreet Singh, PW-3 Inspector Pritam Singh, PW-4

Satpal-Stamp Vendor, PW-5 ASI Narinder Singh-the investigating officer

and PW-6 Harjit Singh from IDBI Bank, Chandigarh.

The petitioner in his statement recorded under Section 313

Cr.PC, denied all the incriminating evidence and refuted all the charges. He

pleaded false implication and innocence.

The Learned Judicial Magistrate 1st Class, SAS Nagar, Mohali

vide judgment dated 19.05.2017, held the petitioner guilty for the offence

punishable u/s 420 IPC and vide separate order of even date sentenced him

to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-

and in default of payment of fine to further undergo rigorous imprisonment

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of 5 days. However, he was acquitted of the charge framed under Section

406 IPC.

Feeling aggrieved against the judgment of trial Court, the

petitioner preferred an appeal before the Court of sessions, however, vide

judgment dated 20.03.2018 passed by learned Additional Sessions Judge,

SAS Nagar Mohali, the same was dismissed.

It is in the aforesaid circumstances, the petitioner has filed in

the present revision petition challenging the verdict of the courts below.

When the petition was listed before this Court on 01.08.2018,

this Court has passed the following order:-

“Learned counsel for the petitioner has handed over a
draft amounting to Rs.25 lacs in favour of the complainant. A
photocopy of the same has been produced in Court today.
Learned counsel further states that in view of the draft amount,
not only the present revision petition is liable to be
decided/disposed of rather, the decree passed by the Civil Court
whereby the complainant decree holder has filed the execution,
would stand satisfied.

On joint request of learned counsel for the parties, the
matter is referred to the Mediation Conciliation Centre of this
Court and parties are directed to appear thereon 03.08.2018.

List on 13.08.2018.”

Pursuant to the aforesaid order, the parties have appeared

before the Mediation Conciliation Centre of this Court, where a

settlement/compromise dated 03.08.2018 has been arrived at between them.

Learned counsel for the petitioner states that in view of the

compromise so arrived at between the parties and having recourse to the

provisions of Section 320(6) Cr.P.C. the matter in dispute is liable to be

compounded. He further states that the petitioner has paid the entire amount

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as per settlement/compromise. Accordingly he be acquitted of the charges

framed against him.

Learned counsel for respondent No.2-complainant admits the

factum of settlement/compromise entered into between the parties before the

Mediation Centre of this Court. He also submits that he has no objection in

case the present revision petition is disposed of or the petitioner is acquitted

of charges framed against him.

I have heard learned counsel for the parties.

Admittedly, the offence under Section 420 IPC is

compoundable by the person cheated, though with the permission of the

Court. Relevant extract of Section 320(2) Cr.P.C. and Section 320(6)

Cr.P.C. reads as under:-

“320. Compounding of offences:-

(1) xxx xxx xxx
(2) The offences punishable under the sections of the Indian Penal
(45 of 1860 ) Code specified in the first two columns of the Table
next following may, with the permission of the Court before which
any prosecution for such offence is pending, be compounded by the
persons mentioned in the third column of that Table:-

Offence Section of Person by whom
Indian Penal offence may be
Code applicable compounded
Cheating and dishonestly 420 The person
cheated.
inducing delivery of
property or the making,
alternation or destruction
of a valuable security.

(3) to (5) xxx xxx xxx
(6) A High Court or Court of Session acting in the exercise of its

powers of revision under section 401 may allow any person to
compound any offence which such person is competent to compound
under this section.”

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The terms of settlement arrived at between the parties vide

settlement deed/compromise dated 03.08.2018, before the Mediation and

Conciliation Centre of this Court reads as under:-

“1. That the First Party has paid a sum of Rs.25,00,000/- (Rupees
Twenty Five lakhs only) in the Hon’ble High Court on 01.08.2018 by
way of Demand Draft No. 500209 dated 31.07.2018 issued by ICIC1
Bank, Chandigarh which was accepted by the Second Party as full
and final settlement for all the claims against the First Party subject
to clearance of the said demand draft.

2. That the Second Party shall have no objection in case the
above mentioned revision petition i.e. CRR-1173-2018 is allowed by
the Hon’ble High Court on the basis of this compromise arrived at
between the parties.

3. That the Second Party will not press or pursue the Execution,
if any, of the Decree passed by the Civil Court in Civil Suit No. 8171
of 17.03.2012-13 decided on 29.10.2015 by the Court of Civil Judge
(Jr. Divn.) Chandigarh against the First Party at any stage in view
of the present compromise.

4. That the present compromise has been effected into
voluntarily, without any force, pressure or undue coercion.

5. That in view of the present settlement both the parties have
agreed not to file any other case against each other in future in any
competent Court of law with regard to the dispute in question and
has further agreed to withdraw all other cases pending in any Court
after the fulfillment of the conditions as agreed between the parties
as mentioned above.

6. That by signing the present settlement both the parties hereto
state that they have no further claims against each other as of now
since they have amicably settled the dispute.

7. That both the parties have understood and read the agreement
and the contents thereto and they are also made to understand the
contents of present settlement in vernacular language as well and
thereafter have put their signatures on the present settlement.

8. That it has been further agreed between the parties that in

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case of necessity, both the parties shall be free to present the copy of
the above compromise before any authority or Court if the same is
required to witness the execution of the compromise or to settle any
pending controversy between the parties.”

In view of the admitted position that the matter has been

compromised between the parties and having recourse to the provisions of

Section 320(6) Cr.P.C., the present petition is allowed; judgment of

conviction and order of sentence dated 19.05.2017 passed by learned

Judicial Magistrate 1st Class, SAS Nagar, Mohali in case No.

RT87/27.1.14/2015, CIS No.CHI/39/2014 as well as judgment dated

20.03.2018 passed in Criminal Appeal No. 39 of 15.07.2017 by learned

Addl. Sessions Judge, SAS Nagar Mohali, affirming the conviction of

petitioner-accused, are set aside and the petitioner is acquitted of the

charges framed against him.

August 13, 2018 (HARI PAL VERMA)
seema JUDGE

Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No

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