122 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-47704-2025 in/and CRM-M-39733-2024 Date of Decision: 02.12.2025 Rakesh Juneja ..... Petitioner Versus State of UT Chandigarh and another .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Amarjeet S. Prajapati, Advocate, for the petitioner.

Mr. Sumit Jain, Addl. PP, UT, Chandigarh.

Ms. Manpreet, Advocate for Mr. Kapish Singla, Advocate, for respondent No.2.

Rajesh Bhardwaj, J. (ORAL)

CRM-47704-2025 Prayer in the present application is for recalling of the order dated 28.11.2024.

Learned counsel for the applicant-petitioner has submitted that applicant-petitioner filed CRM-M-39733-2024 for quashing of the FIR on the basis of the compromise, but the same was allowed to be withdrawn as learned State counsel submitted that the compromise arrived between the parties is partial one as there are more than one accused in the present FIR. He has submitted that the applicant-petitioner has verified the said fact from the Investigating Officer itself and the statement regarding more than one accused, is found to be incorrect. He submits that the compromise effected between the parties is complete and there is only one accused i.e. the petitioner.

Notice in the application.

Mr. Sumit Jain, Addl. PP, UT, Chandigarh accepts notice on behalf of the State and on instructions from ASI Jogender Pal, affirms the aforesaid fact.

After hearing learned counsel for the parties, the present application is allowed. The order dated 28.11.2024 is recalled. The main petition i.e. CRM-M-39733-2024 is restored to its original number and position and taken up for hearing today itself.

Main case

1. Instant petition has been filed praying for quashing of FIR No.202, dated 30.11.2021 registered under Sections 419, 420 IPC at Police Station Industrial Area, Chandigarh, District UT, Chandigarh and subsequent proceedings arising therefrom on the basis of compromise dated

03.03.2022 (Annexure P-2).

2. The FIR in question was lodged by complainant-respondent No.2 and the investigation commenced thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Annexure P-2. On the basis of the compromise, the petitioner is praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.

3. This Court vide order dated 04.09.2024 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements, as contended before the Court, and the trial Court/Illaqa Magistrate was also directed to send its report.

4. In pursuance of the same, learned Chief Judicial Magistrate, Chandigarh, has sent report dated 04.11.2024. With the report, he has annexed photocopy of the statement of respondent No.2-complainant Konark Bhardwaj and the petitioner, namely, Rakesh Juneja and statement of SI Gurmeet Singh recorded on 24.10.2024. On the basis of the statements, learned Chief Judicial Magistrate, Chandigarh has concluded in its report that the compromise arrived between the parties is genuine and effected without any fear, pressure or undue influence. It has been mentioned in the report that there is only one accused in the FIR i.e. the present petitioner. It is further mentioned in the report that the petitioner has not been declared as proclaimed offender, but he is involved in one more FIR i.e. FIR No.705, dated 29.09.2021, under Sections 323, 506, 379, 420 IPC and Arms Act, at Police Station City Hansi, Hisar.

5. Learned counsel for the petitioner has submitted that the parties have compromised the matter amicably and have decided to get the FIR registered against the petitioner quashed and as such the present petition is liable to be accepted.

6. Learned counsel for respondent No.2 has also pleaded no objection, i