The Punjab and Haryana High Court has ruled that two individuals declared proclaimed offenders can appear before a trial court through videoconferencing to record their statements regarding a compromise in a cheating case. The decision was made by Justice Jasjit Singh Bedi's Bench, which was hearing a petition seeking the quashing of an FIR registered on July 11, 2019, at Navi Bardari police station in Jalandhar. The FIR alleged cheating and other offences under Sections 406 and 420 of the Indian Penal Code and provisions of the Travel Professional Regulation Act, 2014, following a compromise dated March 19, 2020.
Petitioners Seek Quashing of FIR
Advocate Sahil Goel, representing the petitioners, submitted that the parties had entered into a compromise to live peacefully. The Bench was informed that both sides agreed not to proceed further with the FIR. Counsel Ravi Malhotra, appearing for the complainant along with the State counsel, did not dispute the compromise. The complainant expressed no intention to press the allegations further.
Court's Directions for Video Conferencing
Justice Bedi directed the parties to appear before the trial court or the Illaqa Magistrate for recording their statements regarding the compromise. The Bench specifically 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."
Trial Court's Reporting Requirements
The High Court instructed the trial court to submit a report before the next hearing date, detailing: the number of accused in the FIR; whether any accused is a proclaimed offender; whether the compromise is genuine, voluntary, and without coercion or undue influence; whether the accused are involved in any other FIR; and whether statements of the complainant and all victims or aggrieved persons have been recorded. The trial court must also record the statement of the investigating officer or any officer aware of the facts to ascertain the number of victims or complainants and whether all parties are part of the compromise.
Conditional Deposit and Next Hearing
As a condition, the Bench directed the petitioners to collectively deposit Rs 25,000 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.
