Pankaj Kumar @ Pankaj Garg And ORS v. State Of Punjab And ANR


 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-39639-2019 Date of decision : 17.08.2023 PANKAJ GARG @ PANKAJ KUMAR AND ORS ....Petitioners

Versus

STATE OF PUNJAB AND ANR

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Ms. Satinder Kaur, Advocate for the petitioner. Mr. Kunal Vinayak, AAG, Punjab with ASI Gurpreet Singh. PANKAJ JAIN, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.17 dated 15th of March, 2014 registered for the offence punishable under Sections 353, 186, 506, 148, 149 IPC at Police Station Ajitwal, District Moga on the basis of statement made by complainant dated 5th of April, 2014 as well as on the basis of compromise dated 3rd of July, 2019.

2.

State Counsel has produced copy of the order dated 17th of April, 2023 whereby cancellation report submitted by the police authorities stands accepted by the Trial Court observing as under :- "Heard. The present FIR No. 17/2014 U/S 353,186,506,148,149 IPC had been got registered at PS Ajitwal, at the instance of Complainant Rajwant Singh son of Kirpal Singh resident of Village Galoti Khurd District Moga, who was employed as Inspector in Food & Supplies Department Punjab Moga, and he was Incharge of Dharamkot Centre and M/S Jatin Agro Godown Kokari Kalan. On 13.3.2014, he received a telephone message from Sh. Summit Kumar, Manager of M/S Origo Company that Proprietor of the Rice Mill and its accounts are storing the nonDEEPAK KUMAR 2023.08.19 10:15 I attest to the accuracy and integrity of this document

CRM-M-39639-2019 -22023:PHHC:106434 standard rice in the godown and they had expelled the govt staff therefrom. On reaching, at Godown at Village Kokari Kaan, complainant came to know that Pankaj Kumar, Proprietor of M/S Vishav Rice Mill and M/S Guru Kirpa Rice Mill Killi Chahal including Accountant Pappu, Vikash Goyal, Proprietor of M/S Ganesh Rice Mill, Account Harish Kumar, Navin Kumar, Proprietor M/S Roop Rice Mill, Accountant Bheema accompanied by 5/6 persons were storing the non-standard rices in the Godown at about 7.30 PM. When complainant prevented them from doing so, he was expelled forcibly from the Godown by above said persons and threatened with dire consequences. The matter was reported to the police. During investigation the matter was compromised between them. Thereupon, the present cancellation report was presented.

2Upon presentation of present cancellation report, summons to complainant were issued who has appeared on 23.11.2022 and made statement that since the matter has been settled amicably, so he do agree with the cancellation report. The present cancellation has been recommended by a gazetted officer of the police i.e. S.P. (Investigation)Moga in discharge of his official duty. So, relying upon his such recommendation and since complainant desired no further action against the accused persons, therefore, the present cancellation is accepted. xxxx"

3.

In view thereof, the present petition has been rendered infructuous.

4.

Consequently, the petition stands dismissed as having been rendered infructuous.

August 17, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.08.19 10:15 I attest to the accuracy and integrity of this document