Sunil Bansal And ORS v. State Of Punjab And Another

CRM-M-59953-2023 -12024:PHHC:002199

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-59953-2023 Date of decision: 09.01.2024 SUNIL BANSAL AND ORS

...Petitioners

VERSUS

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Pradeep Bajaj, Advocate for the petitioners.

Mr. Digvijay Nagpal, AAG, Punjab.

Mr. Saurabh Singla, Advocate for respondent No.2.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. for quashing of an FIR No. 0231 dated 09.08.2023 under Sections 406, 420 and 120-B of Indian Penal Code, 1860 registered at Police Station Zirakpur, District SAS Nagar (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of settlement (Annexure P-2). Vide order dated 29.11.2023 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the settlement (Annexure P-2).

Pursuant to aforesaid order, the parties have appeared before the learned Judicial Magistrate 1st Class, Dera Bassi and got their statements recorded. Report dated 21.12.2023 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file.

CRM-M-59953-2023 -22024:PHHC:002199 In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.

Resultantly, FIR No. 0231 dated 09.08.2023 under Sections 406, 420 and 120-B of Indian Penal Code, 1860 registered at Police Station Zirakpur, District SAS Nagar (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners. (N. S. SHEKHAWAT) 09.01.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No