High Court of Punjab and HaryanaCRM-M/8351/2020allowed

Ravinder Walia And Another v. State Of Punjab And Others

2023-04-17Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-8351-2020 -12023:PHHC:052920

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-8351-2020 Decided on : 17.04.2023 Ravinder Walia and another ...... Petitioners

Versus

State of Punjab & others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Deepak Aggarwal, Advocate for the petitioners.

Mr. Ramdeep Pratap Singh, Sr. DAG, Punjab.

Mr. Ankit Aggarwal, Advocate for respondent Nos.2 to 4.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.26 dated 15.02.2020 under Sections 420 and 34 IPC and Section 4 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 registered at Police Station Cantt. Batinda, District Bathinda and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 21.02.2020 (Annexure P-2) arrived at, between the parties. Vide order dated 16.02.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 16.03.2023 to get their statements recorded regarding the compromise arrived at, between them. Report dated 13.04.2023 has since been received from the learned Addl. Chief Judicial Magistrate, Bathinda in pursuance of the direction of this SONIA BURA 2023.04.17 18:21 I attest to the accuracy and integrity of this document

CRM-M-8351-2020 -22023:PHHC:052920 Court. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the photocopies of the statements of the parties alongwith its report.

Learned State counsel, however, submits that besides the petitioners, there is a third accused and is not a party to the compromise and who has been untraceable.

In view of the report of the learned Addl. CJM, Bathinda 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 qua the petitioners only. (MANJARI NEHRU KAUL) JUDGE 17.04.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.04.17 18:21 I attest to the accuracy and integrity of this document