High Court of Punjab and HaryanaCRM-M/6376/2022disposed of

Nirmal Singh v. State Of Punjab And Others

2022-04-26Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-6376-2022 (O & M) Date of decision: 26.04.2022 Nirmal Singh .... Petitioner V/s The State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr.Amit Puri, Advocate, for the petitioner.

Mr. Sidakmeet Sandhu, AAG, Punjab.

Mr. Simranjeet Singh Sarwara, Advocate, for respondent No.2. ***** JASJIT SINGH BEDI, J. (Oral) The Prayer in this petition is for the quashing of the FIR No.314 dated 26.11.2019 (Annexure P-1) registered under Sections 353, 186, 506 IPC with Police Station Civil Lines, Patiala, District Patiala, and all consequential proceedings arising therefrom on the basis of compromise (Annexure P-2) arrived at between the parties. Vide order dated 14.02.2022 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 14.02.2022 with regard to the compromise (Annexure P-2). In terms of the order dated 14.02.2022 by this Court parties have appeared before the court of Judicial Magistrate Ist Class, Patiala, and as per his report dated 28.03.2022, both the parties have got recorded their respective statements in Court.

SUKHPREET KAUR 2022.04.28 20:29 I attest to the accuracy and integrity of this document

CRM-M-6376-2022 (O & M) ::2::

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 the petitioner also relies upon the judgment passed by this Court in the case of 'Manoj Kumar versus State of Haryana and another (CRMM-36078-2019 decided on 05.02.2020)'. In view of the aforesaid report of the learned Judicial Magistrate Ist Class, Patiala, accompanied by the joint statement of both the parties, FIR No.314 dated 26.11.2019 (Annexure P-1) registered under Sections 353, 186, 506 IPC with Police Station Civil Lines, Patiala, District Patiala, and all consequential proceedings arising therefrom are hereby quashed.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE April 26, 2022 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2022.04.28 20:29 I attest to the accuracy and integrity of this document