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2025 DAILYLAW 64791 (PNJ)

KONKAN ROADLINES AND ANOTHER v. STATE OF U.T CHANDIGARH AND OTHERS

CRM-M/29870/2025 · 2025-09-04

Manisha Batra

body2025

Judgment text

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CRM-M-29870-2025 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 311 CRM-M-29870-2025 (O&M) Date of decision: 04.09.2025 Konkan Roadlines and another ...Petitioner Versus State of U.T., Chandigarh and others ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Sunil Chadha, Senior Advocate with Mr. Akshay Chadha, Advocate for the petitioners. Ms. Sharmila Sharma, Addl. P.P., U.T., Chandigarh. Mr. Rakesh Gupta, Advocate for respondents No. 2 and 3. MANISHA BATRA, J. (Oral) 1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 120 dated 03.08.2022, registered under Sections 406, 420 and 120-B of IPC at Police Station Sector 31, Chandigarh along with all the subsequent proceedings arising therefrom, in view of the fact respondent No. 2/complainant has issued closure letter dated 21.05.2025. 2 . Reply has been filed on behalf of respondents No. 2 and 3- Punjab National Bank. It is submitted therein and learned counsel for these respondents has submitted that the aforementioned FIR was registered at the instance of respondents No. 2 and 3 against petitioner No. 1-firm and its sole proprietor i.e. petitioner No. 2. However, subsequently, the entire liability MOHAMMAD WASEEM ANSARI 2025.09.05 10:45 I attest to the accuracy and integrity of this document CRM-M-29870-2025 (O&M) -2- has been discharged by the petitioners and the loan account has been closed accordingly. It is further submitted that now no claim of the complainant/bank subsists against the petitioner and they have no objection if the impugned FIR is quashed qua the petitioners. 3. Reply on behalf of the respondent-State has also been filed. Learned Additional Public Prosecutor has affirmed the factum of compromise and amicable settlement to the dispute between the parties. She has submitted that the investigating agency has no objection to the quashing of the impugned FIR qua the petitioners. 4. After hearing learned counsel for the parties and going through the material placed on record, it is revealed that the dispute, which formed basis of registration of the impugned FIR against the petitioner, was purely a commercial dispute, which has now been settled between the parties amicably as the petitioners have paid the entire disputed amount to respondents No. 2 and 3/complainant-bank. It has been submitted by the complainant-bank that now no claim exists against the petitioners. Respondent-U.T., Chandigarh and respondents No. 2 and 3 have expressly stated before this Court as well as in their respective replies that they have no objection to quashing of the impugned FIR qua the petitioners. In view thereof, this Court is of the considered opinion that, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 5. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble MOHAMMAD WASEEM ANSARI 2025.09.05 10:45 I attest to the accuracy and integrity of this document CRM-M-29870-2025 (O&M) -3- Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No. 120 dated 03.08.2022, registered under Sections 406, 420 and 120-B of IPC at Police Station Sector 31, Chandigarh is hereby quashed qua the petitioner along with all the subsequent proceedings arising therefrom. 04.09.2025 (MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2025.09.05 10:45 I attest to the accuracy and integrity of this document