The Punjab and Haryana High Court has paved the way for two persons, declared proclaimed offenders, to appear before the trial court through videoconferencing for recording their statements on a compromise in a cheating case.
The matter was placed before Justice Jasjit Singh Bedi’s Bench after the accused sought quashing of FIR registered on July 11, 2019, at Navi Bardari police station in District Police Commissionerate, Jalandhar, for cheating and other offences under Sections 406 and 420 of the IPC and the provisions of the Travel Professional Regulation Act, 2014, following a compromise dated March 19, 2020.
Appearing for the petitioners, advocate Sahil Goel, submitted “in order to live peacefully, parties have entered into compromise". The Bench was told that both sides had agreed not to proceed further with the FIR.
Appearing on the complainant’s behalf, counsel Ravi Malhotra, along with the State counsel, did not dispute the compromise.
The Bench was told that the complainant “did not wish to press the allegations alleged in the FIR any further."
Keeping in view the submissions, Justice Bedi directed the parties to appear before the trial court or the Illaqa Magistrate, for recording their statements regarding the compromise.
The Bench further ordered: “The petitioners may appear through videoconferencing before the Trial Court for recording their statements. The counsel representing the petitioners before the Trial Court shall facilitate the recording of their statements through videoconferencing on the date fixed."
The High Court directed the trial court to submit its report before the next date of hearing, specifying the number of persons arrayed as accused in the FIR; whether any accused is a proclaimed offender; whether “the compromise is genuine, voluntary and without any coercion or undue influence"; whether the accused are involved in any other FIR; and whether the statements of the complainant and all victims or persons aggrieved had been recorded.
The trial court was also directed to record the statement of the investigating officer, or any other officer aware of the facts of the case, to ascertain the number of victims or complainants in the FIR and whether all the victims, complainants and accused are parties to the compromise.
As a condition, the Bench directed the petitioners to deposit Rs 25,000 collectively with the Sadhna Society for the Mentally Handicapped in Mani Majra by the date fixed for recording their statements
The matter has been adjourned to September 16.
