Upinder Singh @ Captain And Another v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-36057-2020 (O&M) Date of Decision:-16.3.2021 Upinder Singh @ Captain and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Bhupinder Kumar Gupta, Advocate for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. Simranjit Singh, Advocate for Mr. Jimmy Singla, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.240 dated 4.12.2019 registered at Police Station Civil Lines Batala, District Batala under Sections 420, 120-B of Indian Penal Code and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 5.11.2020, 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.

PANKAJ KAKKAR 2021.03.16 16:07 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-36057-2020 (O&M) 3.

Report of learned Judicial Magistrate 1st Class, Batala has been received, wherein it has been reported that the statements of petitioners/accused Upinder Singh @ Captain and Jaspal Singh and also of complainant/respondents No.2-Lovepreet Singh have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The complainant/respondents No.2-Lovepreet Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Batala 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.240 dated 4.12.2019 registered at Police Station Civil Lines Batala, District Batala under Sections 420, 120-B of Indian Penal Code and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 16.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.03.16 16:07 I attest to the accuracy and integrity of this document