RAJNISH BANSAL vs STATE OF PUNJAB AND ANOTHER

2023:PHHC:142815 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 292 1.

CRM-M-31778-2023 Date of decision: 08.11.2023 Rajnish Bansal .....Petitioner Versus State of Punjab and another .....Respondents 2.

CRM-M-32596-2023 Date of decision: 08.11.2023 Avtar Singh .....Petitioner Versus State of Punjab and another .....Respondents CORAM: HON'BLE MRS.

JUSTICE MANJARI NEHRU KAUL Present : Mr.

Shubham Tandon, Advocate for Mr.

Navjot Singh, Advocate for the petitioners.

Mr.

Digvijay Nagpal, AAG, Punjab.

A.S.

Shergill, Advocate for respondent No.2. **** MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petitions have been filed for quashing of FIR No.169 dated 08.08.2018 under Sections 420 and 120-B of the Indian Penal Code, 1860 registered at Police Station Bhawanigarh, District Sangrur and all consequential proceedings arising out of the same, on the basis of compromise dated 22.02.2023 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 20.07.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 1 of 2 ::: Downloaded on - 12-11-2023 03:11:55 ::: Neutral Citation No:=2023:PHHC:142815 2023:PHHC:142815 CRM-M-31778-2023 -2- CRM-M-32596-2023 31.08.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Sangrur in pursuance of the directions of this Court, wherein, the factum 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 complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The Trial Court has annexed the statements of the parties in original, alongwith its report.

5. report.

5.

In view of the report of the learned Judicial Magistrate Ist Class, Sangrur 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 petitions are allowed.

The aforesaid FIR and all consequential proceedings arising out of it, are quashed qua the petitioners.

6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below.

08.11.2023 (MANJARI NEHRU KAUL) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neutral Citation No:=2023:PHHC:142815 2 of 2 ::: Downloaded on - 12-11-2023 03:11:56 ::: Neutral Citation No:=2023:PHHC:142815