Mahesh Kumar And Others v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-11099-2023 (O&M) Date of Decision:-31.7.2024 Mahesh Kumar and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Mohd. Yousaf, Advocate for the petitioners. Mr. Kuljinder Singh Dhindsa, AAG, Punjab.

Ms. Arzoo Modi, Advocate for respondents No.2 and 3. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.12, dated 12.02.2019 registered at Police Station Division E Police Commissionerate Amritsar, District Amritsar, under Sections 420, 120-B of Indian Penal Code and Section 13 of Punjab Travel Professional Regulation Act, 2012 and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide orders dated 2.3.2023 and 13.02.2024, 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.

GEETA RANI 2024.07.31 19:05 I attest to the accuracy and authenticity of this document

CRM-M-11099-2023 (O&M) ( 2 ) 3.

Reports of learned Additional Chief Judicial Magistrate, Amritsar has been received, wherein it has been reported that statements of petitioners/accused Mahesh Kumar, Saimia @ Suman Rani, Sunil Kumar, Bharti Kumari Sharma, Sameer @ Sunil, and also of respondents No.2 and 3 namely Paramjit Singh and Baljit Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondents No.2 and 3 - Paramjit Singh and Baljit Singh in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Additional Chief Judicial Magistrate, Amritsar 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.12, dated 12.02.2019 registered at Police Station Division E Police Commissionerate Amritsar, District Amritsar, under Sections 420, 120-B of Indian Penal Code and Section 13 of Punjab Travel Professional Regulation Act, 2012 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

31.7.2024 ( Gurvinder Singh Gill ) geeta/p Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No GEETA RANI 2024.07.31 19:05 I attest to the accuracy and authenticity of this document