Deepak @ Deepak Sachdev v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:059689 CRM-M-10652-2024 Date of decision: May 1st, 2024 Deepak @ Deepak Sachdev .....Petitioner

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Amandeep Singh, Advocate for Mr. Prabhjot Singh Bedi, Advocate for the petitioner.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. Mr. Amrit Paul Nahar, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.25 dated 10.06.2019 under Sections 420, 120-B of the IPC and Section 13 of the Punjab Travel Professional (Regulation) Act, registered at Police Station Mukandpur, District SBS Nagar, along with all consequential proceedings arising therefrom on the basis of compromise dated 12.10.2022 (Annexure P-4).

2.

Vide order dated 29.02.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 01.04.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate 1st Class, S.B.S. Nagar, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived PUNEET SACHDEVA 2024.05.01 14:34 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-10652-2024 -2at 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 complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioner is quashed. 4.

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

5.

Learned State counsel submits that respondent No.2 is the only aggrieved person in the FIR in question. 6.

In view of the report of the learned JMIC, S.B.S. Nagar, and the principles laid down by 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 FIR and all consequential proceedings arising out of it, are quashed qua petitioner only.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. May 1st, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.05.01 14:34 I attest to the accuracy and integrity of this document Chandigarh