Pankaj Bharadwaj Alias Kala And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-52752-2024 Date of decision: March 10th, 2025 Pankaj Bharadwaj alias Kala and others .....Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Rahul Jaswal, Advocate for Mr. Narinder Singh Dadwal, Advocate for the petitioners.

Mr. Baljinder Singh, Deputy Advocate General, Punjab. Mr. Jagjit Singh, Advocate for respondents No.2 and 3.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of complaint dated 15.09.2017 bearing No.SC/386/2020 registered under Sections 307, 326, 324, 325, 341, 452, 383, 148 and 149 of the IPC and all other consequential proceedings arising therefrom on the basis of compromise dated 26.02.2024 (Annexure P-2).

2.

Vide order dated 24.10.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 26.11.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned trial Court, in pursuance of the directions of this Court, wherein, the PUNEET SACHDEVA 2025.03.10 14:19 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-52752-2024 -2factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the complaint qua the accused-petitioners is quashed. 4.

The trial Court has annexed the copies of the statements of the parties, along with its report.

5.

In view of the report of the learned trial Court, and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid complaint and all consequential proceedings arising out of it, are quashed.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. March 10th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.03.10 14:19 I attest to the accuracy and integrity of this document Chandigarh