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High Court of Punjab and HaryanaCRM-M/22239/2022allowed

Bikram Singh v. State Of Punjab And Others

2022-11-21Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-22239-2022 (O&M) Date of Decision:-21.11.2022 Bikram Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Suraj Kaundal, Advocate for Ms. Gagandeep Kaur, Advocate for the petitioner. Mr. Luvinder Sofat, DAG, Punjab.

Mr. Arshdeep Singh Kharia, Advocate for respondent No.4. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.53, dated 26.3.2020, Police Station Kathu Nangal, District Amritsar Rural, under Sections 420, 120-B of Indian Penal Code and Section 13 of Punjab Travel professionals (Regulations) Act, 2014 and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 23.5.2022, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Amritsar has been received, wherein it has been reported that statements of petitioner/accused Bikram PANKAJ KAKKAR 2022.11.21 17:54 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-22239-2022 (O&M) Singh and also of respondent No.4/complainant namely Hardeep Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.4/complainant namely Hardeep Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Amritsar 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.53, dated 26.3.2020, Police Station Kathu Nangal, District Amritsar Rural, under Sections 420, 120-B of Indian Penal Code and Section 13 of Punjab Travel professionals (Regulations) Act, 2014 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 21.11.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.11.21 17:54 I attest to the accuracy and authenticity of this document