Ashish Gupta v. Union Territory Chandigarh And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40812-2022 Date of Decision: 07.09.2022 Ashish Gupta ......... Petitioner

Versus

Union Territory, Chandigarh and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. J.S. Gill, Advocate for the petitioner.

Ms. Simsi Dhir Malhotra, APP, U.T.

Mr. D.S. Virk, Advocate for respondent No. 2. **** ANOOP CHITKARA, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 132, dated 11.07.2020 registered under Sections 419, 420, 120-B IPC at Police Station South, Sector 34, Chandigarh and all consequential proceedings arising out of the same.

Learned counsel for the complainant submits that he would have no objection in case this FIR is quashed.

However, learned State counsel has strenuously opposed the quashing of FIR on merits on the ground that the veracity of the statements yet are to be tested through cross-examination and prima facie case is made out and criminal proceedings cannot be disrupted.

At this stage, learned counsel for the petitioner wants to withdraw the present petition with liberty to file a fresh petition qua him. The prayer being innocuous and to file a quashing petition on compromise is a legal right given in the pronouncement of the Hon'ble Supreme Court, the same is allowed.

Given above, the present petition is disposed of having been withdrawn with liberty aforesaid. It is clarified that filing and withdrawal of the present petition shall not come in the way in case the petitioner files a petition for quashing based on compromise qua him.

(ANOOP CHITKARA) JUDGE 07.09.2022 Jyoti-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2022.09.08 16:19 I attest to the accuracy and integrity of this document