Akshay Kumar And Others v. State Of Ut Chandigarh And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-21585-2024 Date of decision: July 17th, 2024 Akshay Mandal and others .....Petitioners

Versus

State of UT Chandigarh and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. B.S. Beniwal, Advocate for the petitioners.

Mr. Manish Bansal, Public Prosecutor, U.T. Chandigarh with Mr. Shubham Mangla and Mr. Shaurya Nagpal, Advocates.

Mr. Suman Beniwal, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.14 dated 27.01.2024 (Annexure P-1) under Sections 419, 420, 467, 468, 471, 120-B of the IPC (Sections 467, 468, 471 of the IPC removed later on) registered at Cyber Crime Police Station, UT Chandigarh, along with all subsequent proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2.

Vide order dated 01.05.2024 of this Court, the parties were directed to appear before the learned trial Court on 14.05.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned trial Court, in pursuance of the directions of this Court, wherein, the PUNEET SACHDEVA 2024.07.17 13:05 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-21585-2024 -2factum of the compromise arrived at between the parties stands verified and confirmed. 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 and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The trial Court has annexed the copies of the statements of the parties, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned trial Court and the principles laid down by Hon'ble 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. July 17th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.07.17 13:05 I attest to the accuracy and integrity of this document Chandigarh