High Court of Punjab and HaryanaCRM-M/255/2021disposed of

Anil Kumar And Others v. State Of Haryana And Another

2022-07-20Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-255-2021 (O & M) Date of decision: 20.07.2022 Anil Kumar and ors.

...... Petitioners V/s State of Haryana and anr.

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Kawalpreet Singh Virk, Advocate, for the petitioners. Mr. Parveen Kumar Aggarwal, DAG, Haryana.

Mr. J.S. Kang, Advocate, for Mr. Y.S. Dhaliwal, Advocate, for respondent No.2-complainant.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for the quashing of the FIR No.460 dated 05.06.2013 under Section 148/149/323/341 IPC (challan presented and charges framed under Section 341/323/452/506/34 IPC) registered with Police Station Jind City, District Jind and subsequent proceedings on the basis of compromise/affidavit (Annexure P-2) qua the petitioners.

Vide order dated 06.01.2021 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded in terms of certain parameters given in the aforesaid order dated 06.01.2021 with regard to the compromise.

In terms of the order dated 06.01.2021 passed by this Court parties have appeared before the court of Judicial Magistrate Ist Class, SUKHPREET KAUR 2022.07.21 02:58 I attest to the accuracy and integrity of this document

CRM-M-255-2021 (O & M) ::2::

Jind, and as per his report dated 27.01.2021 submitted to this Court, both the parties have got recorded their respective statements in Court. A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complainant coming forward to support the prosecution case. The powers under Section 482 Cr.PC can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused. The compromise in question is found to be fully in consonance with the direction issued by the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs.

State of Punjab & Anr., 2012(4) RCR (Crl.) 543. In view of the aforesaid report of the learned Judicial Magistrate Ist Class, Jind accompanied by the joint statement of both the parties, the FIR No. 460 dated 05.06.2013 under Section 148/149/323/341 IPC (challan presented and charges framed under Section 341/323/452/506/34 IPC) registered with Police Station Jind City, District Jind and all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE July 20, 2022 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2022.07.21 02:58 I attest to the accuracy and integrity of this document