KAMLESH KUMAR HEDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of FIR No.65 dtd. 22/3/2019 registered under Ss. 406/120-B IPC at Police Station City Tarn Taran, District Tarn Taran (Annexure P-2) and all subsequent proceedings arising therefrom on the strength of compromise/Affidavit dtd. 7/10/2019 (Annexure P-3) entered between the parties.

(2.) Learned counsel for the petitioner submits that the dispute in question pertained to an allegation of alleged unauthorized removal of the equipments-plant and machinery from the industrial unit that had been taken over by the Bank under the SURFAESI ACT, 2002 Act resulting in registration of the FIR No.65 dtd. 22/3/2019 registered under Ss. 406/120-B IPC at Police Station City Tarn Taran, District Tarn Taran (Annexure P-2) and that with the intervention of the respectables from both the sides, the matter has been settled and amicably resolved. It is further submitted that the compromise amongst the parties was effected on account of free will and without any pressure and coercion.

(3.) Vide orders dtd. 7/11/2019 and 9/12/2019 respectively, the parties were directed to appear before the Illaqa Magistrate to get their statements recorded and the Illaqa Magistrate was further directed to send the report regarding the genuineness of the compromise and to also intimate whether any criminal proceedings against the petitioners are pending.