IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of Decision: 03.06.2016 [ENTITY] Petitioner(s) Versus [ENTITY] Respondent(s) CORAM:- HON'BLE MR. JUSTICE [ENTITY] 1. Whether reporters of local newspapers may be allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present:- Ms. [ENTITY], Advocate for Mr. [ENTITY], Advocate for the petitioner. Ms. [ENTITY], Advocate for Mr. [ENTITY], Advocate for the respondent. [ENTITY], J. (Oral)
Prayer in this petition filed under [SECTION] [ACT] is for quashing of Complaint No.RBT-192 dated 19.10.07/23.4.2012 titled as 'Kuldip Gandotra Vs. [ENTITY]' (Annexure P-1) under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] of the [ACT] and consequential proceedings arising therefrom on the basis of compromise/affidavit dated 15.3.2016 (Annexure P-3).
This Court vide order dated 4.4.2016 had directed the parties to appear before the trial Court to get their statements recorded with regard 1 of 3 to compromise and the trial Court was directed to submit its report regarding the compromise so effected.
Pursuant to the aforesaid order dated 4.4.2016, the parties have appeared before Chief Judicial Magistrate, Amritsar and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has forwarded her report dated 26.5.2016 to the effect that the parties have willfully settled their differences and reached at bona fide compromise without any pressure and the same is genuine.
The statement of [ENTITY], complainant reads as under:-
"I have got filed criminal complaint titled as Kuldip Gandotra Vs. [ENTITY] under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] of the [ACT] pertaining to police station, Civil Lines, Amritsar against the accused [ENTITY] and now, with intervention of the respectables the entire matter between me and the accused has been amicably settled. I have arrived at the compromise with the accused at my own free will and without any pressure or coercion. There is no other case pending except the present one. I have got no objection if the proceedings in the above said criminal complaint be quashed.
RO & AC Sd/- Sd/- [ENTITY], Identified by Sh. [ENTITY], Advocate CJM 26.4.2016" Sd/-
Learned counsel for the respondent-complainant also admits the factum of compromise between the parties.
2 of 3 There is nothing on record to doubt the genuineness of the compromise, as arrived between the parties. Thus, no useful purpose would be served to continue with the proceedings in the instant complaint.
Accordingly, following the principles laid down by the Full Bench judgment of this Court in [PRECEDENT], as approved by the Hon'ble Supreme Court in [PRECEDENT], this petition is allowed and Complaint No.RBT-192 dated 19.10.07/23.4.2012 titled as 'Kuldip Gandotra Vs. [ENTITY]' (Annexure P-1) under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] of the [ACT] and consequential proceedings arising therefrom are quashed, qua the petitioner, in view of compromise/affidavit dated 15.3.2016 (Annexure P-3).
June 03, 2016 ( [ENTITY] ) AK JUDGE 3 of 3