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High Court of Punjab and HaryanaCRM-M/40424/2021allowed

Ravinder Pal Singh And ORS v. Ut Chandigarh And ANR

2022-12-06Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-40424-2021 (O&M) Date of Decision:- 06.12.2022 Ravinder Pal Singh and others ... Petitioners

Versus

Union Territory of Chandigarh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kunwar Rajan, Advocate, for the petitioners. Mr. Ankur Bali, APP, U.T. Chandigarh.

Ms. Harmanpreet Kaur, Advocate, for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners Ravinder Pal Singh, Sangram Singh Sidhu, Mohandeep Singh and Harshmeet Singh have approached this Court seeking quashing of FIR No.60, dated 14.4.2021, Police Station Industrial Area Phase-I, 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 29.9.2021, 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.

Learned counsel for the petitioner has today passed on a copy of 'No Due Certificate' dated 26.8.2021, ICICI Home Finance, as per which MOHAN SINGH 2022.12.06 16:58 I attest to the accuracy and integrity of this document

- 2 - CRM-M-40424-2021 (O&M) the entire loan amount which had been raised by hypothecating the property in question stands repaid.

4.

Report of learned Chief Judicial Magistrate, Chandigarh, has been received, wherein it has been reported that the statements of petitioners/accused Ravinder Pal Singh, Sangram Singh Sidhu, Mohandeep Singh, Harshmeet Singh and complainant Parveen Sharma have been recorded to the effect that they have compromised the matter amongst themselves.

5.

The complainant Parveen Sharma in his statement had stated that he has no objection in case the FIR in question is quashed. 6.

The learned Chief Judicial Magistrate, Chandigarh, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 7.

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.60, dated 14.4.2021, Police Station Industrial Area Phase-I, 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 16:58 I attest to the accuracy and integrity of this document