KARAN SIKKA THR SPA HOLDER ARYAN GUPTA AND OTHERS v. STATE OF PUNJAB AND ANOTHER
CRM-M/36615/2024 · 2025-03-27
Manjari Nehru Kaul
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68786 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68786 (PNJ) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 314 CRM-M-36615-2024 Date of decision: March 27, 2025 KARAN SIKKA THR SPA HOLDER ARYAN GUPTA AND OTHERS ...Petitioners Versus STATE OF PUNJAB AND ANOTHER ...Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Ms. Renu Arora, Advocate for the petitioners. Mr. Navdeep Singh, DAG, Punjab. Mr. Shashi Bhushan Galav, Advocate for respondent No.2.
MANJARI NEHRU KAUL, J. (ORAL) The present petition has been filed by the petitioners under Section 482 of Cr.P.C. seeking quashing of FIR No.117 dated 28.05.2023 under Sections 406, 420 and 506 of the IPC, 1860 and Section 12 of Smuggling Act, 2012, registered at Police Station Kotwali, District patiala Rural (Annexure P-1), and all consequential proceedings arising therefrom, on the basis of compromise dated 24.08.2023 (Annexure P-2). Vide order dated 29.01.2025 of this Court, the parties were
directed to appear before the learned trial Court/Illaqa Magistrate on 28.02.2025 to get their statements recorded regarding the compromise arrived at, between them. Report has since been received from learned Chief Judicial Magistrate, Patiala, in pursuance of the directions of this Court, wherein the Jaspreet Kaur 2025.03.27 18:59 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-4903-2025 -2- 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 complainants have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original, along with its report. Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question. In view of the report of the learned trial Court, and the principles laid down by the Hon’ble 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. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. March 27, 2025
(MANJARI NEHRU KAUL) Jaspreet Kaur JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Jaspreet Kaur 2025.03.27 18:59 I attest to the accuracy and integrity of this document Chandigarh