Yogesh Verma And Others v. State Of U.T. Chandigarh And ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:125056 CRM-M-6743-2023 Date of decision: September 22nd, 2023 Yogesh Verma and others .....Petitioners

Versus

State of U.T. Chandigarh and others .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gaurav Tyagi, Advocate for the petitioners.

Mr. Shashank Bhandari, Additional Public Prosecutor, U.T. Chandigarh, for respondent No.1.

Mr. Abhinav Aggarwal, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.190 dated 21.09.2020 under Sections 419, 420, 120-B of the IPC (Section 474 IPC added later on) registered at Police Station Sector 34, Chandigarh along with all consequential proceedings arising therefrom on the basis of compromise dated 03/04.02.2021 (Annexures P-2 and P-3). 2.

Vide order dated 18.07.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 21.08.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Chandigarh, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise PUNEET SACHDEVA 2023.09.22 15:10 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-6743-2023 -2has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and respondents No.2 and 3 have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed. 4.

The trial Court has annexed the copies of the statements of the parties, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent Nos.2 and 3 are the only aggrieved person in the FIR in question. 6.

In view of the report of the learned Judicial Magistrate Ist Class, Chandigarh, and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. September 22nd, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.09.22 15:10 I attest to the accuracy and integrity of this document.

Chandigarh