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High Court of Punjab and HaryanaCRM-M/37186/2025allowed

Balmukund Tiwari And Others v. State Of Punjab And Another

2025-11-17Mr. Justice Subhas Mehla3 pages

In the High Court for the States of Punjab and Haryana at Chandigarh Date of Decision:- 17.11.2025 Balmukund Tiwari and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Saksham Sharma, Advocate for Mr. S.K. Virk, Advocate, for the petitioners.

Mr. Anup Singh, AAG, Punjab.

Mr. Rakesh Karantar, Advocate, for respondent No.2.

***** SUBHAS MEHLA , J. (Oral) 1.

Prayer in this petition is for quashing of FIR No.203 dated 25.07.2023 registered under Sections 420, 406 of IPC and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, at Police Station City Kapurthala, and all subsequent proceedings arising therefrom on the basis of compromise dated 29.03.2025 (Annexure P-2) arrived at between the parties. 2.

The above stated FIR was registered on the statement of the complainant/respondent No.2.

3.

On notice of motion, respondent No.2 appeared through his counsel and pleaded that he has no objection if the FIR in this case is quashed

( 2 ) on the basis of the aforesaid compromise, which has been effected between the parties.

4.

During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

5.

In compliance thereof, report from the Court of learned Judicial Magistrate Ist Class, Kapurthala, along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. 6.

This Court has heard learned counsel for the parties. 7.

Learned counsel for the petitioners and for respondent No.2 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

8.

In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amounts to abuse of process of law.

9.

For the reasons afore-stated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in

( 3 ) Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.203 dated 25.07.2023 registered under Sections 420, 406 of IPC and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, at Police Station City Kapurthala, and all the subsequent proceedings are hereby quashed qua the petitioners, subject to payment of Rs.30,000/- as cost, to be deposited with Punjab State Legal Services Authority-Disaster Relief Fund, Account No.44426937384, IFSC Code- SBIN0014656, State Bank of India, Sector-68, SAS Nagar (Punjab). 10.

Receipt regarding deposit of aforesaid cost be produced before Court concerned. It is made clear that if cost is not deposited within one month i.e. upto 17.12.2025, present petition shall be deemed to be dismissed. ( SUBHAS MEHLA ) 17.11.2025 JUDGE Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No