Chander Has v. State Of Haryana And ANR

2024:PHHC:046999 CRM-M-1097-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1097-2024 Date of decision: April 08, 2024 Chander Has ...... Petitioner Vs.

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Vishal Singh, Advocate for for the petitioner.

Mr. Kanwar Sanjiv Kumar, Asstt. Advocate General, Haryana. Mr. Swapnil Bansal, Advocate for for respondent No.2.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of the FIR No.768 dated 15.10.2023 under Sections 427 and 435 IPC registered at Police Station, Assandh, District Karnal and all other consequential proceedings arising therefrom on the basis of compromise dated 16.10.2023 (Annexure P-2) entered into between the parties. Vide order dated 10.01.2024 this Court had directed the parties to appear before the Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 16.10.2023 (Annexure P-2) and the Illaqa Magistrate/Trial Court was to submit a report in this regard giving certain details as enumerated in the said order. Pursuant to the order dated 10.01.2024 passed by this Court, parties have appeared before the Court of the Sub Divisional Judicial Magistrate, Assandh and as per its report dated 23.2.2024 submitted to SATISH KUMAR 2024.04.09 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh

2024:PHHC:046999 CRM-M-1097-2024 -2this 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 Sub Divisional Judicial Magistrate, Assandh accompanied by the joint statements of both the parties, the present FIR No.768 dated 15.10.2023 under Sections 427 and 435 IPC registered at Police Station, Assandh, District Karnal and all other consequential proceedings arising therefrom on the basis of compromise dated 16.10.2023 (Annexure P-2) entered into between the parties, are hereby quashed.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE April 08, 2024 satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SATISH KUMAR 2024.04.09 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh