Sanjay Tiwari And Another vs State Of Punjab And Another
2023 Latest Caselaw 20472 P&H

Punjab-Haryana High Court

Sanjay Tiwari And Another vs State Of Punjab And Another on 24 November, 2023

REENA

2023:PHHC:150350
120
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Crl. Misc. No. M-59333 of 2023
Date of Decision: November 24, 2023

Sanjay Tiwari and another
haces Petitioners

versus

State of Punjab and another
seve Respondents

CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR

ke

Present:- Mr. Maninderpal Singh Gurm, Advocate

for the petitioners
3K 2k 3
Harpreet Singh Brar, J. (Oral)

1. The present petition has been filed under Section 482 Cr.P.C. seeking

quashing of the FIR No. 0062 dated 03.06.2023 under Sections 420, 120-B, 506 IPC registered at Police Station Anaj Mandi, District Patiala.

2. Learned counsel for the petitioners inter alia contends that the dispute between the parties is purely of civil nature and having business relationship between the petitioner and the complainant-respondent No. 2. The matter was compromised between petitioner and the complainant-respondent No. 2 and he has already received the amount of Rs. 30 lacs by way of Demand Draft No. 704965 dated 20.07.2023 and he has also made a statement before the learned Judicial Magistrate 1' Class, Patiala on 25.07.2023 in this regard that nothing is due towards the petitioners.

3. Notice of motion.

4. On receipt of advance notice, Ms. Navreet Kaur Barwala, AAG, Punjab puts in appearance and submits that she has no objection in case the

Investigating Officer is directed to consider the statement of the complainant-

2023.11.28 10:48 | attest to the accuracy and integrity of this order/ judgment

Chandigarh

2023:PHHC:150350

respondent No. 2 made before the learned Judicial Magistrate 1* Class, Patiala on 25.07.2023 before preparing a final report under Cistern 173 Cr.P.C. .

5. The matter is taken up for final disposal with the consent of the parties. Keeping in view the aforesaid facts and circumstances, the present petition is disposed of with a direction to the Investigating Officer to consider the aforesaid statement made by the complainant-respondent No. 2 -- Amrinder Singh Sandhu before learned Chief Judicial Magistrate 1* Class, Patiala to the effect that he has already received Rs. 30 lacs through a Demand Draft No. 704965 dated 20.07.2023 and now nothing is due towards the petitioner before preparing a final report under Section 173 Cr.P.C.

6. It is clarified that in case a final report under Section 173 Cr.P.C. is against the petitioners, the petitioners would be at liberty to file a fresh petition to

challenge the FIR as well as the final report under Section 173 Cr.P.C.

(HARPREET SINGH BRAR) JUDGE November 24, 2023

FRERG

Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

REENA

2023.11.28 10:48

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