CRM-M-38766-2017 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 259 CRM-M-38766-2017 Date of decision: 26.04.2018 [ENTITY] PETITIONER VERSUS [ENTITY] and another RESPONDENTS CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the petitioner. Mr. [ENTITY], Sr. Deputy Advocate General, Punjab, for the State. Mr. [ENTITY], Advocate, for respondent No. 2. [ENTITY], J. (ORAL)
Prayer in this petition is for quashing of FIR No. 137 dated 11.11.2016 (Annexure P-1) under [SECTION] [ACT] registered at Police Station Sadar, Sri [ENTITY] and all consequential proceedings arising therefrom in the light of the compromise dated 25.09.2017 (Annexure P-2).
On 12.10.2017, notice of motion was issued by this Court and the parties were directed to appear before the trial Court to get their statements recorded with reference to the compromise, which has been entered into between the parties, referred to above.
In pursuance to the said order, the parties appeared before the Additional Chief Judicial Magistrate, Sri [ENTITY] on 27.10.2017 and got recorded their respective statements. In pursuance to the statements given by the parties, the learned Additional Chief Judicial Magistrate, Sri [ENTITY] has submitted a report dated 01.11.2017. As per the said report, the compromise dated 25.09.2017 (Annexure P-2) entered into between the parties is genuine, voluntary and free from pressure, coercion 1 of 2 or undue influence.
In the light of the said report, counsel for the the petitioner and counsel for respondent No. 2-complainant pray that the present petition may be allowed. Counsel for respondent No. 2 acknowledges the factum of compromise, which has been entered into between the parties. He further states that the complainant has no objection if the present petition is allowed as the matter has been amicable resolved and there is no further dispute between the parties. Further the dispute between the parties was relatable to a business transaction and as of now, there is none.
Keeping in view the fact that the parties have resolved their dispute, which was primarily commercial in nature, the interest of justice would be duly served by putting to end of the said dispute.
In the light of the above and keeping in view the ratio of the judgment of the Supreme Court in Narinder Singh vs. [ENTITY], 2014 (2) RCR (Criminal) 482 and Full Bench judgment of this Court in Kulwinder Singh and others vs. [ENTITY] and another, 2007 (3) RCR (Criminal) 1052 and [CASE NUMBER] titled as [PRECEDENT], decided on 04.10.2017, the present petition is allowed. FIR No. 137 dated 11.11.2016 (Annexure P-1) under [SECTION] [ACT] registered at Police Station Sadar, Sri [ENTITY] and all consequential proceedings arising therefrom are hereby quashed qua the petitioner.
April 26, 2018 ([ENTITY]) pj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 2 of 2