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High Court of Punjab and HaryanaCRM-M/10492/2024allowed

Rahul Bhargava v. State Of Punjab And Another

2024-04-05Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:046677 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-10492-2024 (O&M) Date of Decision:- 05.04.2024 Rahul Bhargava ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. H.K.Aurora, Advocate, for the petitioner. Mr. Vishvajeet Singh Virk, DAG, Punjab.

Mr. Sandeep Kumar, Advocate, for respondent No.2. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioner-Rahul Bhargava has approached this Court seeking quashing of FIR No.55, dated 27.3.2023, Police Station Division No.6, Jalandhar, under Sections 406, 420, 465, 467, 468, 471, 120-B IPC and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 28.02.2024, 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.

3.

Report of learned Chief Judicial Magistrate, Jalandhar, has been received, wherein it has been reported that the statement of petitioner/accused Rahul Bhargava and complainant Baldev Raj have

CRM-M-10492-2024 (O&M) - 2 - 2024:PHHC:046677 been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Baldev Raj in his statement had stated that he has no objection in case the FIR in question is quashed. 5.

The learned Chief Judicial Magistrate, Jalandhar, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or 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.55, dated 27.3.2023, Police Station Division No.6, Jalandhar, under Sections 406, 420, 465, 467, 468, 471, 120-B IPC and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner.

05.04.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No