As per case facts, the petitioner sought to quash an FIR for cheating and criminal conspiracy. The complainant alleged that the petitioner's brother and others induced him to pay money ...
CRM-M-62597-2023 (O&M) - 1-
260
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-62597-2023 (O&M)
Reserved on: 11.09.2025.
Date of decision: 19.09.2025.
HIRA SINGH
...Petitioner(s)
VERSUS
STATE OF PUNJAB AND ANOTHER
...Respondent(s)
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. Piyush Sharma, Advocate,
for the petitioner.
Mr. I.P.S. Sabharwal, DAG, Punjab.
Mr. H.P.S. Rahi,
Advocate,
for respondent No.2.
VINOD S. BHARDWAJ, J.
Seeking quashing of FIR bearing No.130 dated 17.06.2013 under
Section(s) 420 and 120-B of the Indian Penal Code, 1860 (Section 120-B IPC
deleted later on) registered at Police Station Sadar, Ferozepur, District
Ferozepur along with all other consequential proceedings arising therefrom
including the order dated 17.12.2019 passed by the Additional Chief Judicial
Magistrate, Ferozepur, the instant petition has been filed.
CRM-M-62597-2023 (O&M) - 2-
2 Learned counsel appearing on behalf of the petitioner(s) contends
that the petitioner is brother-in-law of respondent No.2-complainant and the
present case has been registered only to pressurize his sister Palwinder Kaur
(wife of respondent No.2-complainant) to effect compromise in case FIR No.74
dated 27.04.2013 registered under Sections 406, 498-A and 120-B of the Indian
Penal Code, 1860, at Police Station Bhikhiwind, District Tarn Taran.
3 He submits that as per the allegations leveled in the FIR registered
at the instance of respondent No.2–complainant Chamkaur Singh son of Pargat
Singh, he alleged acts of forgery committed by Gurpal Singh, Hira Singh
(petitioner herein), Surinder Kaur, Inderjit Singh Uppal, Aatma Singh, and
Kulwinder Singh. It is significant to note that Gurpal Singh, one of the accused,
is the brother of the petitioner, while Surinder Kaur, another accused, is his
mother. The complainant, Chamkaur Singh, had married Palwinder Kaur, sister
of the petitioner, in the year 2011. It has been alleged that the accused, being
close relatives and family members were collectively involved in duping the
complainant of his hard-earned money. Importantly, even as per the allegations
in the complaint, the petitioner himself was residing in Italy at the relevant time.
4 He submits that it is alleged that Gurpal Singh, brother of the
petitioner, represented to the complainant that he had influence and connections
in the Army, Police Department, and CISF and that he could secure induction in
service. On 01.11.2012, Gurpal Singh, along with Inderjit Singh Uppal and
Kulwinder Singh is stated to have visited the complainant’s house. At that time,
Gurpal Singh introduced Inderjit Singh Uppal as a Captain in the CISF and
Kulwinder Singh as the person having connections in the Police Department. By
such representations, the complainant was induced to believe that they could
secure the recruitment of his brother, Gurjinder Singh, as a Constable in the
CRM-M-62597-2023 (O&M) - 3-
Punjab Police. During negotiations, the above accused persons allegedly
demanded a sum of Rs.5 lakhs, which sum was ultimately settled at Rs.4 lakhs.
Similar assurances were allegedly extended with respect to appointments of other
persons, and accordingly, various amounts were paid to Inderjit Singh Uppal as
well as to his father Aatma Singh. However, when no such appointments
materialised and upon the complainant learning that Inderjit Singh Uppal was
not, in fact, a Captain in the CISF or Armed Forces, he demanded a refund of the
amounts paid. The accused persons allegedly refused to return the money.
5 He submits that it has further been alleged that the accused persons
also took away Palwinder Kaur i.e. the complainant’s wife, who was unwell due
to pregnancy, under the pretext of her treatment at DMC, Ludhiana, and
thereafter started demanding additional sums on the threat of implicating the
complainant in false cases. On the aforesaid allegations, the impugned FIR in
question came to be registered.
ARGUMENTS BY PETITIONER
6 Learned counsel for the petitioner contends that even from a bare
perusal of the allegations in the FIR no case is disclosed against the petitioner,
inasmuch as, on the date of the alleged occurrence i.e., 01.11.2011, the petitioner
was not in India. It is submitted that, as evident from the petitioner’s passport, he
was residing in Italy at the relevant time. No role of any nature is attributed to
him. During investigation, both the petitioner and his brother were found
innocent and were exonerated in the final report filed on 03.11.2015, which was
presented only against Daljit Singh.
7 It is further argued that the petitioner had never visited India during
the year 2018, as at that time his wife Prabhleen Kaur was suffering from various
ailments, thereby preventing him from maintaining contact even with his family
CRM-M-62597-2023 (O&M) - 4-
members. In the charge-sheet filed, accused Inderjit Singh was declared a
proclaimed offender, and proceedings were initiated against the remaining
accused. Subsequently, vide order dated 17.12.2019, the learned trial Court, in
exercise of powers under Section 319 Cr.P.C., summoned the petitioner along
with other family members as additional accused. The petitioner, being a
permanent resident of Italy, was never duly served. Thereafter, owing to the
Covid-19 pandemic, the matter was adjourned on long dates. The zimni orders
subsequent to 17.12.2019 have also been placed on record with the present
petition. Notwithstanding specific intimation to the trial Court regarding the
petitioner’s residence abroad, warrants of arrest were issued, followed by non-
bailable warrants and ultimately a declaration of the petitioner as a proclaimed
person notwithstanding that none of the above were served on petitioner.
Meanwhile, proceedings against the co-accused continued.
8 He further submits that the Additional Chief Judicial Magistrate,
Ferozepur, vide judgment dated 02.02.2023, acquitted the accused persons after
recording that the allegations were inherently unbelievable and appeared to have
been levelled only with the intent to implicate the petitioner and his family
members. The testimony of the complainant, Chamkaur Singh, and his father,
Pargat Singh, was found to be untrustworthy and was disbelieved. The trial Court
further observed that no element of conspiracy, cheating, or payment in the
manner as alleged, stood established. The Court also noted that mere stray
financial transactions could not, by themselves, be regarded as indicative of
criminal intent. He further submits that the aforesaid judgment of acquittal was
challenged by the State before the Sessions Court, Ferozepur, however, vide
judgment dated 01.05.2024, the appeal preferred by the State was also dismissed.
9 Learned counsel for the petitioner contends that the documentary
CRM-M-62597-2023 (O&M) - 5-
evidence, viz the passport details of the petitioner, conclusively establish that he
was not in India, when the alleged incident(s) are stated to have occurred and at
any other time when the alleged monetary transactions are said to have taken
place. It is urged that this fact was duly verified, and the passport entries fully
corroborate the petitioner’s claim and it remains undisputed by the respondent-
State.
10 Counsel submits that once the allegations of the complainant,
Chamkaur Singh and the testimony of the prosecution witnesses themselves
stood discredited by the trial Court and given that the petitioner’s case is on a
stronger footing than the other co-accused as he was never present in India at any
of the relevant times, there is no justification for subjecting him to the ordeal of
a criminal trial merely to establish his innocence, more-so the prosecution has
already failed to substantiate its case against the other accused.
11 It is further submitted that the trial Court itself recorded that the
involvement of the petitioner’s family members was a counter blast to the
matrimonial discord between the petitioner’s sister and the respondent-
complainant. The present proceedings, it is urged, were thus initiated with the
sole intent of wreaking vengeance and exerting undue pressure upon the
petitioner and his family to coerce Palwinder Kaur into a settlement. The
initiation and continuation of such proceedings, it is argued, amounts to an abuse
of the process of law only to harass the petitioner and his family members into
succumbing to the unlawful demands of the complainant.
12 The State did not file any reply disputing the averments and
arguments noticed above.
13 Learned counsel for respondent No.2-complaiant Chamkaur Singh
had entered appearance and filed his Vakalatnama and even he stated that he
CRM-M-62597-2023 (O&M) - 6-
does not intend to file any separate reply.
ARGUMENTS BY RESPONDENTS
14 No substantive argument has been raised by the State counsel.
15 Learned counsel for the respondent No.2-complainant, on the other
hand, contends that the petitioner cannot seek quashing of the FIR and the other
proceedings including the proclamation order as he had absconded from the
process of law. Hence, no indulgence ought to be extended to him. He submits
that other co-accused have faced the prosecution and as such, the petitioner is
required to undergo trial and earn his acquittal. Reliance is placed on the
judgment of the Hon’ble Supreme Court in the matter of Sudo Mandal @
Diwarak Mandal Vs. State of Punjab, reported as 2011 (2) RCR (Crl.) 453.
16 I have heard the learned counsel appearing for the respective
parties and have gone through the documents appended along with the present
petition and the judgments relied upon.
CONSIDERATION AND DECISION
17 The factual aspects alleged by the petitioner remain
uncontroverted to the effect that as on the date of occurrence i.e. on
01.11.2011 and at different points in time when the financial transactions have
been alleged to have taken place with the other co-accused, the petitioner was
not in India and he was in fact in Italy. It is further undisputed that the criminal
proceedings against the co-accused and the petitioner’s family members
culminated in their acquittal by the final judgment of the trial Court. It is also
not disputed that both the petitioner and his brother were found innocent
during investigation, and that the petitioner was summoned only subsequently
in exercise of powers under Section 319 Cr.P.C. Equally undisputed is the fact
that service of summons was never effected upon the petitioner.
CRM-M-62597-2023 (O&M) - 7-
18 During the trial, the respondent No.2–complainant Chamkaur
Singh appeared as PW-1, while his father, Pargat Singh, was examined as PW-
4, along with other witnesses adduced by the prosecution in support of its case.
The accused persons, being members of the petitioner’s family, also led
evidence in defence. It was the case of the defence that only a sum of
Rs.20,000/- had been credited to the account of Gurpal Singh on 17.02.2012
at the Bhikhiwind Branch, which is situated near his native village. At the
relevant time, Gurpal Singh was serving in the Army and posted at
Ahmedabad. It was contended that he required money for the purchase of air
tickets. The said sum of Rs.20,000/- had been handed over by Surinder Kaur,
mother of the petitioner, to Chamkaur Singh for deposit into Gurpal Singh’s
account, to enable him to purchase the air tickets to attend a marriage
ceremony. This fact was also acknowledged by Chamkaur Singh during his
cross-examination. The photographs of the said marriage were duly exhibited
in evidence. The relevant part of the consideration and finding recorded by
the trial Court are extracted as under:-
“16. The points of determination in the case are as follows:-
1. Whether prosecution has proved that accused had induced the
complainant to deliver money on the pretext of providing Job or
accused were entrusted with any money?
2. Whether prosecution has been able to prove the criminal
conspiracy by the accused to deceive the complainant?
3. Whether prosecution has proved that accused have committed
the offence under Section 420 read with Section 120- B IPC?
4. Whether prosecution has proved that accused have committed
CRM-M-62597-2023 (O&M) - 8-
the offence under Section 406 read with Section 120- B IPC?
POINT NO.1
17. As per the version of the complainant, Chamkaur Singh was
induced by Gurpal Singh, Inderjit Singh, Kulwinder Singh to
provide Job as Constable in CISF on 1.11.2011. In the same
occurrence, Gurjinder Singh was promised to be provided job as
Constable in Punjab police for an amount of Rs.4 lacs and
Nishan Singh son of Sukhwinder Singh was also promised a Job
of Constable for amount of Rs.2,70,000/-. Further allegations are
that the other accused persons had connived and had received
payment on different occasions. Thus complainant Chamkaur
Singh is the main witness of the prosecution to prove inducement
and payment of money.
18. In the examination-in-chief, Chamkaur Singh has stated the
same version as stated by him in his application moved to the SSP
which is Ex.P1. The application is undated. However, from the
endorsement of SSP, it is revealed that endorsement was made
on 9.2.13. The alleged inducement was on 1.11.2011 but
application is moved on 9.2.13 after two years. The alleged last
payment was made on 18.6.12 to Surinder Kaur. There is delay
since the alleged last payment also. Other relevant facts
surrounding the dispute are that Gurpal Singh and Hira Singh
are brothers-in-law of Chamkaur Singh. Surinder kaur is
mother-in-law of complainant Chamkaur Singh. Chamkaur was
married to Palwinder Kaur on 25.2.11. FIR No.74 dated 27.4.13
under Sections 498-A/406 IPC Ex.DW1/A was registered against
Chamkaur Singh and others on the statement of Palwinder Kaur.
In this backdrop, testimony of Chamkaur Singh is required to be
evaluated.
19. Chamkaur Singh has deposed in the cross-examination that
he was married to Palwinder Kaur in February 2011. That there
CRM-M-62597-2023 (O&M) - 9-
was matrimonial dispute after the marriage and FIR No.74 dated
27.4.13 was registered against him. The allegations of alleged
inducement are of 1.11.2011 i.e. within the year of the marriage.
It is alleged that Gurpal Singh alongwith Inderjit Singh Uppal
and Kulwinder Singh had come to his house to get him recruited
in CISF as Constable and his brother as Constable in Punjab
Police. That on 3.11.11, Rs.49,500/- was paid in the account of
Inderjit Singh. Inderjit Singh is proclaimed under Section 82
Cr.P.C in this case. This amount is not paid to any of the accused
facing trial. Further allegations are that Rs.50,000/- cash was
given to Atma Singh on the asking of Gurpal Singh on 13.11.11.
On 1.12.12, Rs.40,000/- was paid in the account of Inderjit Singh.
When complainant was aware of bank transactions, it is highly
improbable that he will pay Rs.50,000/- in cash to Atma Singh.
That on 10.2.12, he paid Rs.40,000/- to Hira Singh. On 17.2.12,
he paid Rs.20,000/- in the account of Gurpal Singh. That on
20.2.12, Rs.70,000/- was paid in cash to Gurpal Singh. Conduct
of the witness is improbable as smaller amounts are paid through
bank and bigger amount of Rs.50,000/-, Rs.40,000/- and
Rs.70,000/- are allegedly paid in cash. Further allegations are
that on 24.5.12, Rs.20,000/- was deposited in the account of
Gurpal Singh and on 28.5.12 Rs.20,000/- was again deposited.
Account statement is also brought on record and there is no
doubt that certain bank transfers are there. But the question
remains whether said transfers are part of a transaction whereby
complainant was induced to deliver the money on the pretext of
provide a Job or the payment was otherwise.
20. Defence has taken a specific stand that Palwinder Kaur was
not well during her pregnancy. That she was residing in her
parental house at Bhikhiwind with accused Gurpal Singh and
Surinder Kaur. This fact is not denied by Chamkaur Singh.
Chamkaur Singh has further admitted that she was getting
treatment from DMC, Ludhiana. Although, he has denied that his
CRM-M-62597-2023 (O&M) - 10-
in-laws family was bearing the expenses of hospital but he has
stated that he himself was paying the expenses when his wife was
not well and she was taken care of by Surinder Kaur. It is not
unnatural that husband would be paying some of the expenses
incurred for taking care of her. If small amounts of Rs.20,000/-
or Rs.25,000/- have been paid in the account of Gurpal Singh on
24.5.12 or 28.5.12, it cannot relate to the alleged inducement on
1.11.11. Gurpal Singh has further argued that amount of Rs.
20,000/- was paid on 17.2.12 in his account at Branch
Bhikhiwind and said amount was made so that he could purchase
the air tickets. This version of the defence is established from the
fact that he attended the marriage after getting the flight and
witness has admitted the photographs Ex.DW1/D to Ex.DW1/E
and Ex.DW1/G. Moreover, Gurpal Singh was serving in Army. It
is highly improbable that anybody would ask to make payments
of ill gotton money in his accounts. Thus amount was received by
Gurpal Singh in his account in a bonafide belief that he was
getting the money as a help from Chamkaur Singh and further he
alongwith Surinder Kaur were already taking care of Palwinder
Kaur wife of complainant Chamkaur Singh.
21. Complainant has tried to create evidence so as to show
certain payment is made in cash. PW4 Pargat Singh father of
complainant Chamkaur Singh has joined hands to create
evidence that he borrowed money by mortgaging his land to
Nachattar Singh. As per version put forth by Pargat Singh, he
mortgaged his land. He has not stated in his examination-in-chief
to whom he mortgaged his land. PW3 Nachattar Singh stated that
Manjit Singh son of Piara Singh took Rs.2,50,000/- from him by
mortgaging his gold ornaments. The witness was cross-examined
by learned APP also, when he stated that he had taken the land
on mortgage from Pargat Singh and paid Rs.2,50,000/-. The
testimony is not believable. Whether he paid Rs.2,50,000/- to
Manjit Singh or to Pargat Singh is not clear. Mortgage of land
CRM-M-62597-2023 (O&M) - 11-
worth more than Rs.100/- can be effected through registered
mortgage deed. No document is brought on the file to prove any
such mortgage. Pargat Singh in his cross-examination states that
the khasra girdawaries are still in the name of co-sharer. Thus,
no possession was ever transferred to Nachattar Singh. Thus,
claim of the prosecution that Pargat Singh contributed
Rs.2,50,000/- to be paid to the accused persons is falsified.
22. Adverting to the circumstances of the case. There was a
matrimonial dispute which culminated in registration of FIR
against Chamkaur Singh on 27.4.13. Although, application
Ex.P1 was moved to the police on 9.2.13 i.e. before registration
of FIR but a matrimonial dispute does not result in FIR in a
moment. It takes time . The families try to settle the dispute
between the parties. The mediators contribute to settle the
dispute without intervention of the courts. When all efforts fail,
only then parties take recourse to legal action. Thus proximity of
FIR dated 27.4.13 to the application moved by complainant on
9.2.13 casts serious doubt regarding the veracity of allegations
made by Chamkaur Singh. If there is any settlement for providing
job, it is highly probable that payment would be made over a span
of one year and in small amounts. The cash payments allegedly
made by complainant are not proved. Another relevant
circumstance is that matrimonial came to an end by filing of
petition under Section 13-B Ex.DW1/B on 31.3.15. If any dispute
had remained between the families, there was no occasion to
Chamkaur Singh to settle the dispute. As per Para No.6 of the
petition, FIR No.74 dated 27.4.13 was also agreed to be get
quashed by filing petition before the Hon’ble High Court. Even
the Investigating Agency had found that all the allegations
against accused persons were unfounded and challan was filed
against Inderjit Singh Uppal only. Thus, the testimony of
complainant and PW4 Pargat Singh is not creditworthy to prove
that there was any inducement by the accused persons to deliver
CRM-M-62597-2023 (O&M) - 12-
any money. So far as, meager amount transferred in the account
of accused Gurpal Singh is concerned, no criminal intent can be
attached to such delivery of money.
23. In view of the above discussion, this point is decided against
the prosecution.
POINT NO.2
24. Major amount of Rs.49,500/- was paid in the account of
Inderjit Singh on 3.11.11 and amount of Rs.40,000/- was paid in
his account on 1.12.12. The other allegations are regarding
payment of cash or small amount in the account of Gurpal Singh
which cannot be connected with alleged inducement on 1.11.11.
Prosecution has failed to connect the transactions of Rs.49,500/-
dated 3.11.11 and Rs.40,000/- on 1.12.12 with the accused
persons. Merely because Atma Singh is father of accused Inderjit
Singh Uppal is not sufficient to say that he had ever conspired to
commit cheating with complainant. Similarly the allegations that
payments were made on the asking of Hira Singh, Kulwinder
Singh or Gurpal Singh are also vague and are not sufficient to
prove any criminal conspiracy under Section 120-B IPC.
Therefore, this point is also decided against the prosecution.
POINTS NO.3 & 4
25. Repetition of discussion is avoided for the sake of brevity. In
view of discussion on issue No.1, the testimony of complainant
Chamkaur Singh and his father PW4 Pargat Singh is not
creditworthy. There is reasonable doubt in the story put forth by
both of them. Benefit of doubt goes to accused persons. Both
these points are decided against the prosecution.
26. In view of the above discussion, all the accused are acquitted
acquitted from the charges by giving them benefit of doubt. Bail
bonds and surety bonds stands discharged. Intimation be sent to
CRM-M-62597-2023 (O&M) - 13-
the concerned authority. Personal search articles, if any, be
returned after proper receipt and after due identification. File be
consigned to record room. Evidence against accused Inderjit
Singh Uppal is closed under Section 299 Cr.P.C. Be put up as
and when he appears or brought before the Court.”
19 It is evident from the foregoing that the trial Court specifically
recorded findings to the effect that the testimony of respondent No.2–
complainant, Chamkaur Singh as well as his father Pargat Singh was carefully
scrutinised and that the alleged monetary transactions bore no nexus with the
allegations of inducement for securing appointments. The Court also observed
that the complainant had attempted to fabricate evidence while his father
merely supported him in narrating the version advanced. The claim regarding
the mortgaging of land was found to be unsubstantiated and the testimony was
held to be unreliable and unworthy of belief even as to whether the amounts
in question were ever actually transferred. The trial Court also took note of
the fact that there existed matrimonial discord culminating in the registration
of FIR No.74 dated 27.04.2013 against respondent No.2–complainant,
Chamkaur Singh. Although efforts were made by the family to settle the
dispute between the parties, the same proved unsuccessful. The instant FIR
was registered on 17.06.2013 i.e. in close proximity to the failure of the
aforesaid settlement. The Court further recorded that it was highly improbable
that payments would be made over such an extended period and in small
installments when the transaction was allegedly for securing a government
job.
20 Undisputedly, the respondent-State had also preferred appeal
before the Court of Sessions. The Additional Sessions Judge-cum-Fast Track
CRM-M-62597-2023 (O&M) - 14-
Court, Ferozepur, vide the judgment dated 01.05.2024 upheld the acquittal of
the co-accused. The operative part of the said judgment reads thus: -
“15. The moot point which requires consideration in the present
case is that as to whether complainant has been able to prove the
alleged allegations leveled by him with regard to commission of
offence of cheating by the respondent-accused i.e. by inducing
him to deliver hefty amount on false pretext to get him recruited
in any department and thereafter, misappropriation of the
amount allegedly advanced by the complainant to the
respondents-accused and as to whether same are sufficient to
establish the guilt of the respondents-accused, beyond shadow of
reasonable doubt?
16. Here in the present case, Chamkaur Singh (complainant)
while moving application before Senior Superintendent of Police
against the respondents-accused, who are members of in-laws
family, has leveled allegations that some of the members of his
in-laws family under false assurance to get him recruited in the
Department, induced him to deliver hefty amount and under said
allurement, received 6,89,500/- same was paid on different
occasions, details of which has been elucidated in the application
but lateron, he came to know that fraud has been committed by
the respondents-accused and on demand, accused instead of
returning the amount, hurled threatenings to implicate him in
false cases, thus cheated him. The allegations leveled by the
complainant were inquired by the Senior Police Officials and
since, Inderjit Singh Uppal was held responsible, thus report
under Section 173 Cr.P.C.was prepared and presented against
him. Vide Order dated 15.09.2015, said Inderjit Singh Uppal was
declared as Proclaimed Offender vide order dated 15.09.2015. It
is apposite to mention here that, respondents-accused were
ordered to be summoned under Section 319 Cr.P.C., on the basis
of application moved by prosecution, which was allowed vide
CRM-M-62597-2023 (O&M) - 15-
order dated 17.12.2019.
17. But, it is a unique case where defence version is more
probable than the prosecution story. Perusal of FIR bearing
No.74 dated 27.04.2013 Ex.DW1/A reveals that, same was
registered against Chamkaur Singh (complainant) by Palvinder
Kaur (wife) , since there remained matrimonial dispute between
them and lateron, they both filed joint petition under Section 13-
B of Hindu Marriage Act Ex.DW1/B for decree of divorce with
mutual consent. Admittedly, there is inter-se relation between
both the complainant and accused party as Surinder Kaur
(respondent-accused) is mother in law of complainant whereas,
Kulwinder Singh (respondent-accused) is son in law of aunt of
Palvinder Kaur (wife); Gurpal Singh (respondent-accused) is
brother in law of complainant and Atma Singh (respondent-
accused) is Member Panchayat. The respondentsaccused, at the
time of recording their statements under Sections 313 Cr.P.C.
have taken specific defence that they have been falsely implicated
being members of in-laws of complainant on account of
matrimonial dispute exists between complainant and his wife and
present FIR is mere a counter blast to the FIR got lodged by
Parvinder Kaur (wife) against complainant(husband). Thus,
when the allegations and counter allegations leveled by both the
parties considered, it leaves in no manner doubt that, neither
there was any inducement on the part of the respondents-accused
nor any alleged amount was ever received by the respondents-
accused from the complainant with malafide intention. Had it
been so, the complainant has miserably failed to produce on
record any documentary proof, regarding giving of such amounts
rather to the contrary, there is overwhelming evidence adduced
in defence, which corroborate the factum that, since health of
Parvinder Kaur(wife) during her stay at her parental house
deteriorated, thus, she was got treated from DMC, Ludhiana and
some of the amounts was paid by the complainant and, in such a
CRM-M-62597-2023 (O&M) - 16-
situation, some of the amounts were transferred, then it does not
tantamount to the proof of the fact that, said amount was in lieu
of providing some job to the complainant. Thus, above all, it
leaves in no manner doubt that, neither there was any inducement
on the part of the accused persons to delivery any amount nor the
offence of cheating has been proved rather, false and baseless
allegations have been leveled by the complainant, which in no
way can be made basis for holding the accused guilty.
18. Thus, this court is of the considered opinion that there is no
scope of interference in the well-reasoned judgment of acquittal
passed by learned trial court. Hence, finding no merit in this
appeal, same is dismissed and the judgment of learned trial court
dated 02.02.2023 is up-held. Trial court file along-with copy of
judgment be sent back. Appeal file be consigned to record-
room.”
21 The aforesaid judgment has attained finality. It thus stands
established that the prosecution miserably failed to prove the occurrence of
offence in the manner as alleged and the credibility as well as the
trustworthiness of the deposition of the complainant Chamkaur Singh (PW-
1), and his father Pargat Singh (PW-4), were concurrently disbelieved by the
Courts.
22 It is further established that the petitioner was never duly served,
and no part of the cause of action is shown to have arisen during any period
when the petitioner was present in India. Since the entirety of the alleged
transactions took place at a time when the petitioner was residing abroad, the
subsequent declaration of the petitioner as a proclaimed person was made in
a mechanical manner and without adherence to the mandate of law.
23 The question which next comes up for consideration before this
CRM-M-62597-2023 (O&M) - 17-
Court is as to whether under such circumstances the FIR and all the
consequential proceedings including the order declaring the petitioner-
accused as a proclaimed person should be quashed in a situation when the co-
accused stand acquitted.
24 Similar proposition came up for consideration before the
Division Bench of this Court in the matter of
Sudo Mandal @ Diwarak Mandal
Vs. State of Punjab, reported as 2011 (2) RCR (Crl.) 453. In the said case there
was trial in absentia. Five persons were involved in a murder case out of which
two were arrested and three were declared as a proclaimed offender. The two
accused who were tried were acquitted. The proceedings against the absconding
accused were also quashed later on and after noticing that the evidence produced
in the case was untrustworthy. The operative part of the aforesaid judgment reads
thus: -
“Quashing of pending proceedings against other accused
22. While disposing of these two appeals, we are very much
concerned about the absconding village rustic accused namely
Badha Mandal, Kajiya Mandal and Sambodh Mandal, who had
successfully evaded the dragnet of the police. The Investigating
agency has put up a case implanting eye witnesses as against all
the accused. Both the eye witnesses projected by the prosecution
had not passed the test of trustworthiness. Their own showing
would go to establish without any pale of doubt that they could not
have witnessed the occurrence. The other materials produced by
the prosecution also did not advance the case of the prosecution
any further. The above facts and circumstances have persuaded us
to come to a definite conclusion that the accused in this case were
not the perpetrators of crime of murder as alleged by the
prosecution. The same set of materials would be produced before
the Sessions Court on production of the remaining three accused
namely Radha Mandal, Rajiya Mandal and Sambodh Mandal. After
CRM-M-62597-2023 (O&M) - 18-
all the poor innocent labourers had migrated to other places to eke
out their livelihood. The appellants herein had in fact suffered
imprisonment for such a long time leaving behind their kith and kin,
who might have been in dire need of financial support and help from
them. Such an unpleasant situation shall not be created for the
other three accused against whom also there is no material on
record to fasten them with the charge of murder. We seriously
pondered over rendering judicial succour to those faceless and
voiceless accused who had taken to heals and hidden themselves
apprehending the wrath of criminal proceedings for the heinous
crime of murder. We are convinced that our judicial arm is not so
crippled as to betray the vague hope of the hopeless.
23. We are conscious of the fact situation that those three accused
namely Radha Mandal, Rajiya Mandal and Sambodh Mandal had
absconded and were declared as proclaimed offenders. They had
not faced the trial, but when we find that no case could be made out
as against them also with the very same rickety materials, those
accused also will have to be relieved of the impending pain of facing
the prosecution for murder. Section
482 of the Code of Criminal
Procedure reads as follows :-
"Saving of inherent powers of High Court. Nothing in this
Code shall be deemed to limit or affect the inherent powers
of the High Court to make such orders as may be necessary
to give effect to any order under this Code, or to prevent
abuse of the process of any Court or otherwise to secure the
ends of justice."
24. The above provisions recognise the inherent powers of the
Court to do real and substantial justice, preventing the abuse of the
process of the Court. The statutory recognition of the inherent
jurisdiction of the criminal Court indicates that there is a power for
the criminal Courts to make such an order as may be necessary to
meet the ends of justice. We are conscious of the fact that the powers
under Section 482 of the Code of Criminal Procedure are to be
CRM-M-62597-2023 (O&M) - 19-
exercised very sparingly and in exceptional cases where abuse of
the process of the Court would result in serious miscarriage of
justice. The inherent powers of the Court should not be exercised to
stifle legitimate prosecution. But at any rate the settled position is
that this Court has the jurisdiction to quash the entire criminal
proceedings to prevent the abuse of the process of the Court in
order to secure the ends of justice. In our considered view the same
inherent powers can be exercised when this Court finds that the
innocent accused, who had absconded would simply face the empty
formality of trial with the very same unbelievable and
untrustworthy evidence, which would ultimately lead to their
acquittal. Bringing the absconding accused to face the trial in this
case in the above facts and circumstances would amount to abuse
of the process of the Court. To secure the ends of justice, we hereby
quash the entire proceedings as against the absconding accused
namely Radha Mandal, Rajiya Mandal and Sambodh Mandal
pending before Judicial Magistrate Ist Class, Bathinda/Sessions
Judge, Bathinda, as no useful purpose will be served even if they
are procured and ordered to face the trial in this case.”
25 A similar view has also been taken by a Co-ordinate Bench of this
Court in the matter of Harpreet Singh Vs. State of Punjab, passed in CRM-M-
15822 of 2017 decided on 31.05.2023. The relevant part thereof reads thus:-
“3. Learned State counsel has not been able to refute the
submissions that the prosecution failed to prove its case against
the co-accused and that the same set of evidence exists against
him. In addition, the petitioner had surrendered before the trial
Court and was thereby granted bail. He opposes the petition on
the ground that the petitioner had been declared proclaimed
offender and is, therefore, not entitled for any relief. However, he
is unable to controvert the fact of the judgment of the trial Court
relating to the co-accused having attained finality, in absence of
challenge made to it.
CRM-M-62597-2023 (O&M) - 20-
4. Heard the submissions of the learned counsel for the parties
and perused the case file.
5. Noticeably, there being no material brought on record to show
that service was effected upon the petitioner, residing in Austria,
as contemplated by the provisions of Sections 82/83 read with
Section 105 Cr.P.C, for declaring him a proclaimed offender.
During the interregnum, the co-accused of the petitioner, who
faced trial, were acquitted of the charges by the trial Court vide
judgment dated 11.08.2004. As is apparent from the FIR, the
same set of allegations exist against the petitioner.
6. Hon’ble The Supreme Court of India in the case of Deepak
Rajak vs. State of W.B. (2007) 15 SCC 305 held that, after
surrender, the benefit of acquittal in the case of co-accused on
similar accusations can be extended. A Division Bench of this
Court in the case of Sudo Mandal (supra) to secure the ends of
justice, quashed the proceedings on the ground that the very
same unbelievable and untrustworthy evidence based on which
the co-accused, who faced the trial were acquitted, no useful
purpose will be served even if presence of the absconding
accused was procured to face the trial as the same would
ultimately lead to their acquittal and it would amount to abuse of
the process of the Court.
7. In the case of Pardeep Kaur vs. State of Punjab and another,
CRM-M-33746-2018, decided on 09.07.2019, wherein the
petitioner was residing abroad and was declared proclaimed
offender and the co-accused, who faced trial were acquitted, this
Court by following the judgment in the case of Sudo Mandal
(supra), quashed the FIR as well as the order declaring the
petitioner as proclaimed offender.
8. The petitioner cannot be treated differently on the basis of the
same evidence adduced on which the co-accused were acquitted
CRM-M-62597-2023 (O&M) - 21-
and there being no prospect of the case ending in conviction, the
Delhi High Court in the case of Sunil Kumar vs. State, 1999 (4)
RCR (Crl.) 637, by observing that it would be wasting the
valuable of the Court to continue the trial and the accused-
petitioner should not be made to undergo the ordeal of a trial,
discharged the accused. The FIR was quashed in the case of
Gurpreet Singh alias Khinder vs. State of Punjab 1995(2) RCR
(Crl.) 127, wherein on similar circumstances, the petitioner, who
was charged for an offence under Sections 3 and 4 of the
Terrorist and Disruptive Activities (Prevention) Act, 1985, as
well as, Sections 302/34 IPC, the co- accused, who were arrested
stood acquitted by the trial Court. It was held that where the
evidence is same, continuation of proceedings in the case of the
petitioner would result in waste of Court's time and unnecessary
expenditure on State exchequer.
9. This Court in the case of Jasvinder Singh (supra) held that the
petitioner being a proclaimed offender, will not come in the way
of quashing the FIR, as on the basis of the same allegations and
set of evidence against him, the co-accused stood acquitted and
thus, quashed the FIR.
10. Hon’ble The Supreme Court in State of Karnataka v. L.
Muniswamy, (1977) 2 SCC 699, held that
“In the exercise of this wholesome power, the High Court
is entitled to quash a proceeding if it comes to the
conclusion that allowing the proceeding to continue would
be an abuse of the process of the Court or that the ends of
justice require that the proceedings ought to be quashed.
The saving of the High Court's inherent powers, both in
civil and criminal matters is designed to achieve a salutary
public purpose which is that a Court proceeding ought not
to be permitted to degenerate into a weapon of harassment
or persecution. In a criminal case, the veiled object behind
CRM-M-62597-2023 (O&M) - 22-
a lame prosecution, the very nature of the material on
which the structure of the prosecution rests and the like
would justify the High Court in quashing the proceeding in
the interest of justice. The ends of justice are higher than
the ends of mere law though justice has not to be
administered according to laws made by the legislature.
The compelling necessity for making these observations is
that without a proper realisation of the object and purpose
of the provision which seeks to save the inherent powers of
the High Court to do justice between the State and its
subjects it would be impossible to appreciate the width and
contours of that salient jurisdiction.”
11. It is pertinent to note that the petitioner has surrendered
before the trial Court in pursuance to a direction passed by this
Court on a prayer made in this regard and joined the
proceedings.
12. The trial Court in its judgment as regards the co-accused of
the petitioner are concerned, observed and held that,
“it is clear that witnesses of prosecution resiled from their
statements and PW1 who was the Principal of that time did
not come to face cross-examination and as per law,
incomplete statement cannot be read in evidence.
Moreover no occurrence took place in his presence.
Material witnesses categorically stated that no occurrence
took in their place who were cited as eyewitnesses. In these
circumstances, I have left with no other alternative but to
acquit the accused. I have left with no other alternative but
to acquit the accused. Hence, they are acquitted.”
13. It is axiomatic that the occurrence as alleged in the complaint
could not be proved to have even taken place. From the facts, the
allegations that emerge are identical as against the petitioner
and his co-accused. The same evidence exists against both sets
CRM-M-62597-2023 (O&M) - 23-
of accused. Thus, the fate of the present case virtually stands
sealed by the acquittal delivered by the trial court in favour of
the co-accused of the petitioner. The said judgment has attained
finality. There being no separate and distinct case made out
against him, the likelihood of the prosecution improving its case
against the petitioner is non-existent, therefore, the continuation
of proceedings against him would amount to an abuse of process
of the law.
14. The peculiarity of facts and circumstances of the case at hand
when considered in light of the law as expounded in the
judgments referred to above, this Court finds, that benefit would
enure to the petitioner by the acquittal of co-accused and to
secure ends of justice, the FIR No.193 dated 10.05.1999 is
quashed and order dated 06.08.2004 is set aside qua him.”
26 Thus, the position in law has been held to the effect that a mere
declaration of a person as a proclaimed person should not stand in the way of
quashing of the FIR along with all the consequential proceedings arising
therefrom when the allegations have not been established in the judicial
proceedings that had been concluded against the other co-accused and the
testimony of the prosecution witnesses stands rejected and discredited by the
Courts. It was held that any such proceedings would be clearly a wastage of
precious judicial time.
27 The Hon’ble Supreme Court in the matter of Pradeep Kumar
Kesarwani Vs. State of Uttar Pradesh & Another, reported as 2025 SCC
OnLine SC 1947 has held that if the Court is satisfied that the defence relied
upon by the accused is reasonable and is of an impeccable quality and is
undisputed and that continuation of the proceedings would amount to an abuse
CRM-M-62597-2023 (O&M) - 24-
of the process of law and would fail to serve the ends of justice, the High
Court may quash the proceedings. The Hon’ble Supreme Court had placed
reliance on the past precedent judgment in the matter of Mohd. Wazid Vs.
State of Uttar Pradesh and another, reported as 2023 SCC OnLine SC 951
and noticed its concern about the wastage of judicial time that would not result
in conviction and held that such cases would not only harm the accused but
also overburden the Courts since such trials are waste of precious judicial
time. The relevant extract of the judgment is as under: -
20. The following steps should ordinarily determine the veracity of
a prayer for quashing, raised by an accused by invoking the power
vested in the High Court under Section 482 of the Cr.P.C. : —
(i) Step one, whether the material relied upon by the accused is
sound, reasonable, and indubitable, i.e., the materials is of
sterling and impeccable quality?
(ii) Step two, whether the material relied upon by the accused, would
rule out the assertions contained in the charges levelled against
the accused, i.e., the material is sufficient to reject and overrule
the factual assertions contained in the complaint, i.e., the
material is such, as would persuade a reasonable person to
dismiss and condemn the factual basis of the accusations as false.
(iii) Step three, whether the material relied upon by the accused, has
not been refuted by the prosecution/complainant; and/or the
material is such, that it cannot be justifiably refuted by the
prosecution/complainant?
(iv) Step four, whether proceeding with the trial would result in an
abuse of process of the court, and would not serve the ends of
justice?
CRM-M-62597-2023 (O&M) - 25-
If the answer to all the steps is in the affirmative, judicial conscience
of the High Court should persuade it to quash such criminal -
proceedings, in exercise of power vested in it under Section 482 of
the Cr. P.C. Such exercise of power, besides doing justice to the
accused, would save precious court time, which would otherwise be
wasted in holding such a trial (as well as, proceedings arising
therefrom) specially when, it is clear that the same would not conclude
in the conviction of the accused. [(See: Rajiv Thapar v. Madan Lal
Kapoor (Criminal Appeal No. 174 of 2013)]
28 Upon examination of the undisputed facts of the present case, as
also the principles laid down by the Hon’ble Supreme Court and by this Court,
it stands established that the petitioner was abroad at all time when the alleged
offence is stated to have taken place. Equally, the allegations levelled by
respondent No.2–complainant regarding the transfer of money have been
concurrently disbelieved by the Courts, and the trial against the co-accused,
who faced proceedings in the petitioner’s absence, culminated in their
acquittal. The trial Court specifically recorded findings against respondent
No.2–complainant, Chamkaur Singh and his father Pargat Singh and held that
the proceedings had been initiated as an abuse of the process of law.
29 The judgment of acquittal of the co-accused having attained
finality and there being no material whatsoever to suggest that any financial
transaction ever took place between the complainant and the petitioner in
relation to the allegations made, to compel the petitioner to undergo the
rigours of a criminal trial on such frail and unsubstantiated evidence would
not advance the ends of justice. On the contrary, it would result only in a
wastage of precious judicial time, serving merely as a tool to satisfy the
personal vendetta of respondent No.2.
CRM-M-62597-2023 (O&M) - 26-
30 It is a settled principle that no individual can be burdened with
criminal proceedings that are a manifest abuse of process, nor can Courts be
converted into instruments for the settlement of personal scores. Where the
documents on record are unimpeached as to their validity and legality, and
they strongly indicate a false implication of the petitioner, thereby showing
that the trial is most likely to end in futility and result in an eventual acquittal,
the High Court, in exercise of its inherent jurisdiction, is required to intervene
and terminate such vexatious and mala fide proceedings at the threshold.
31 Consequently, I find that continuation of proceedings would be
nothing more than an abuse of the process of law and the proceedings are most
likely to end up in futility. The present petition thus deserves to be allowed.
Hence, the FIR bearing No.130 dated 17.06.2013 under Section(s) 420 and
120-B of the Indian Penal Code, 1860 (Section 120-B IPC deleted later on)
registered at Police Station Sadar, Ferozepur, District Ferozepur along with
all other consequential proceedings arising therefrom including the order
dated 17.12.2019 passed by the Additional Chief Judicial Magistrate,
Ferozepur, are quashed.
31 Petition is allowed.
September 19, 2025. (VINOD S. BHARDWAJ)
raj arora JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Legal Notes
Add a Note....