Charandass And ANR. v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-26402-2024 Date of decision: August 22nd, 2024 Charandass and another .....Petitioners

Versus

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

Present:

Mr. Lalit Singla, Advocate for the petitioners.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Ms. Varsha Sharma, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.44 dated 03.05.2023 under Sections 420 and 120-B of the IPC and Section 13 of Punjab Travels Professionals (Regulation) Act, 2014, registered at Police Station Fatehgarh Sahib, along with all consequential proceedings arising therefrom on the basis of affidavit/compromise (Annexure P-2).

2.

Vide order dated 23.05.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 08.07.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from the learned trial Court, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified PUNEET SACHDEVA 2024.08.22 14:15 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-26402-2024 -2and 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 accusedpetitioners is quashed. 4.

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

5.

Learned State counsel submits that 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 qua all the accused namely Charandass, Sukhwinder Singh, Harjit Singh @ Sunny and Mandeep Singh @ Joga. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. August 22nd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.08.22 14:15 I attest to the accuracy and integrity of this document Chandigarh