High Court of Punjab and HaryanaCRM-M/2896/2021disposed of

Raj Singh And ORS v. State Of Punjab And ANR

2024-04-15Mr. Justice Jasjit Singh Bedi2 pages

2024:PHHC:049980 CRM-M-2896-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-2896-2021 Date of decision: April 15, 2024 Raj Singh and others ...... Petitioners Vs.

State of Punjab and another

...Respondents

CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. K.S. Rathour, Advocate for the petitioners.

Mr. Mohit Saroha, AAG, Punjab.

Mr. M.K. Dhot, Advocate for respondent No.2.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of the FIR No.178 dated 24.11.2020 under Sections 307, 323, 324, 341, 506, 148 and 149 IPC registered at Police Station Machhiwara, District Khanna and all other consequential proceedings arising therefrom on the basis of compromise dated 17.12.2020 (Annexure P.2) entered into between the parties. Vide order dated 15.11.2023 this Court had directed the parties to appear before the Illaqa Magistrate for getting their statements recorded with regard to the compromise 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 15.11.2023 passed by this Court, parties have appeared before the Court of the Judicial Magistrate 1st Class, SATISH KUMAR 2024.04.16 16:45 I attest to the accuracy and integrity of this document High Court Chandigarh

2024:PHHC:049980 CRM-M-2896-2021 -2Samrala and as per its report dated 26.02.2024 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. The learned counsel for both the parties states that the injuries were simple in nature and subsequently Section 307 IPC was deleted. This fact, on instructions, is admitted by the learned State counsel.

In view of the aforesaid report of the Judicial Magistrate 1st Class, Nangal, Rupnagar accompanied by the joint statements of both the parties, the present FIR No.178 dated 24.11.2020 under Sections 307 (deleted subsequently), 323, 324, 341, 506, 148 and 149 IPC registered at Police Station Machhiwara, District Khanna and all other consequential proceedings arising therefrom on the basis of compromise dated 17.12.2020 (Annexure P.2) entered into between the parties, are hereby quashed.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE April 15, 2024 satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SATISH KUMAR 2024.04.16 16:45 I attest to the accuracy and integrity of this document High Court Chandigarh