Subhash Bansal v. State Of Ut Chandigarh And ANR.

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-5880-2024 (O&M) Date of Decision:-2.8.2024 Subhash Bansal ... Petitioner

Versus

State of U.T. Chandigarh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Bhupender Singh, Advocate for Mr. Rishi Kaushal, Advocate for the petitioner. Mr. Manish Bansal, P.P. U.T. Chandigarh with Mr. Shubham Mangla, Advocate, assisted by ASI Pawan Kumar.

Ms. Harveen Mehta, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.0003, dated 2.1.2024 registered at Police Station Sector 31, Chandigarh, under Section 279 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. 2.

Vide order dated 09.05.2024, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

GEETA RANI 2024.08.02 15:29 I attest to the accuracy and authenticity of this document

CRM-M-5880-2024 (O&M) ( 2 ) 3.

Reports of learned Judicial Magistrate Ist Class, Chandigarh has been received, wherein it has been reported that statements of petitioner/accused Subhash Bansal, and also of respondent No.2 namely Damanpreet Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2 - Damanpreet Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate Ist Class, Chandigarh has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.0003, dated 2.1.2024 registered at Police Station Sector 31, Chandigarh, under Section 279 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 2.8.2024 ( Gurvinder Singh Gill ) geeta/p Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No GEETA RANI 2024.08.02 15:29 I attest to the accuracy and authenticity of this document