High Court of Punjab and HaryanaCRM-M/14787/2017disposed of

Deepak Kumar And ANR. v. State Of Punjab & ANR.

2018-09-14Mr. Justice Rajesh Bhardwaj3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(1) Crl. Misc. No.M-14787 of 2017 (O&M) Date of Decision: September 14, 2018 Deepak Kumar and another ..........PETITIONERS

VERSUS

State of Punjab and another ........RESPONDENTS

(2) Crl. Misc. No.M-33838 of 2017(O&M) Pinki Rani ..........PETITIONER

VERSUS

State of Punjab and another ........RESPONDENTS CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Raman Sharma, Advocate for the petitioners in CRM-M-14787-2017.

Mr. Ramandeep Sandhu, Sr. D.A.G, Punjab for respondent No. 1 both the petitions.

Mr. Rakesh Sobti, Advocate for the petitioner in CRM-M-33838-2017 and for respondent No. 2 in CRM-M-14787-2017.

Mr. Raman Sharma, Advocate for respondent No. 2 in CRM-M-33838-2017.

******* SURINDER GUPTA, J.(Oral) Learned State counsel submits that the police after investigation in case bearing FIR No. 201 dated 02.09.2016, has submitted

the cancellation report.

Learned counsel for private respondent-Pankaj Kumar submits that he has instructions to state on behalf of the private respondent that he will not oppose the cancellation report provided the petitioners also withdraw the case got registered by them bearing FIR No. 114 dated 03.08.2016 for offence punishable under Section 420 of Indian Penal Code registered at Police Station Canal Colony, Bathinda, in which the police has filed the challan.

Learned counsel for private respondent Deepak Kumar in CRM No. M-33838 of 2017 (petitioner in this petition) after instructions from Deepak Kumar, who is present in the Court, submits that he has no objection to withdrawal of FIR No. 114 dated 03.08.2016 and he will make statement before the Court to this effect.

With the consent of learned counsel for the parties, following order is passed:

(i) that respondent No. 2 in CRM No. M-14787 of 2017 will make statement in the Court for acceptance of cancellation report filed by the police.

(ii) in case bearing FIR No. 114 dated 03.08.2016 both the parties i.e. Pinki Rani and Deepak Kumar will move joint application seeking composition of offence. Deepak Kumar will get his statement recorded before the trial Court to the effect that he has no objection if the offence is compounded. (iii) Both the parties will not putforth any terms or conditions while making the statement for acceptance of cancellation report and for composition of offence in FIR No. 114 dated 03.08.2016 registered at Police Station Canal Colony, Bathinda.

The parties will appear before the trial Court on the date fixed in the cancellation report as well as in the other criminal case, to do needful.

As the matter has since been amicably settled. Both petitions stand disposed of in above terms.

( SURINDER GUPTA ) Septemeber 14, 2018 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No