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High Court of Punjab and HaryanaCRM-M/38460/2019allowed

Anesh Kumari And Others v. State Of Haryana And Anotehr

2020-01-17Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-38460-2019 Date of decision:17.1.2020 ANESH KUMARI AND OTHERS .....Petitioners

Versus

STATE OF HARYANA AND ANOTHER .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Sunil K. Rana, Advocate for the petitioners.

Mr. Ashok Singh Choudhary, Addl. A.G., Haryana for respondent No.1.

Mr. Shekar Verma, Advocate for respondent No.2.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioners seek quashing of FIR No. 129 dated 10.2.2017 under Sections 406, 420, 120-B, Police Station Hisar City, District Hisar and proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Reply filed by learned State counsel on behalf of respondent No.1 is taken on record.

GAURAV SOROT 2020.01.17 17:37 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-38460-2019 3.

The main dispute pertains to a loan which had been raised by the petitioner from the complainant-bank. However, the said dispute was amicably resolved between parties before the Mediation and Conciliation Centre of this Court vide settlement/agreement dated 11.5.2017, as per which the petitioner was to pay an amount of `12 Lakhs on or before 31.3.2018.

4.

Learned counsel for respondent No.2/Complainant has submitted before this Court that the entire amount as per settlement has already been received by the bank and that the Bank has no objection for quashing of the FIR.

5.

In view of the aforestated position and that the fact that entire amount has been paid as per settlement dated 11.5.2017 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 petition is allowed and FIR No. 129 dated 10.2.2017 under Sections 406, 420, 120-B, Police Station Hisar City, District Hisar and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 17.1.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.01.17 17:37 I attest to the accuracy and integrity of this document