Deepak Kumar And Others v. State Of U.T., Chandigarh And ANR

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-27087-2022 (O&M) Date of Decision:- 06.12.2022 Deepak Kumar and others ... Petitioners

Versus

State of U.T. Chandigarh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Abhishek Jindal, Advocate, for the petitioners. Mr. Rajiv Vij, APP, U.T. Chandigarh.

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

The petitioners Deepak Kumar, Jitendra Kumar Parashar, Rohit Kumar and Saqib Khan have approached this Court seeking quashing of FIR No.64 dated 06.05.2022, Police Station Sector 39 Chandigarh, under Sections 419, 420, 467, 468, 471, 120-B IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 15.7.2022, 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 Judicial Magistrate 1st Class, Chandigarh, has been received, wherein it has been reported that the statements of petitioners/accused Deepak Kumar, Jitendra Kumar Parashar, Rohit MOHAN SINGH 2022.12.06 17:38 I attest to the accuracy and integrity of this document

- 2 - CRM-M-27087-2022 (O&M) Kumar, Saqib Khan and complainant Dinesh Kapoor have been recorded to the effect that they have compromised the matter amongst themselves.

4.

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

The learned Judicial Magistrate 1st Class, Chandigarh, 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.64 dated 06.05.2022, Police Station Sector 39 Chandigarh, under Sections 419, 420, 467, 468, 471, 120-B IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

06.12.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.12.06 17:38 I attest to the accuracy and integrity of this document