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High Court of Punjab and HaryanaCRM-M/6601/2021disposed of

Simarjit Singh And ORS v. State Of Punjab And Others

2022-09-20Mr. Justice Sanjay Vashisth4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 1.

CRM-M-6601-2021 Date of Decision :

20.09 .2022 Simranjit Singh and others . . . Petitioners

Versus

State of Punjab and others . . . Respondents 2.

Iqbal Singh and others . . . Petitioners

Versus

State of Punjab and others . . . Respondents CORAM:- HON'BLE MR. JUSTICE SANJAY VASHISTH Present:- Mr. Sanjeev Kumar, Advocate, for the petitioners in CRM-M-6601-2021 and for respondents No.2 to 7 in CRM-M-7018-2021. Mr. A.S. Sandhu, AAG, Punjab.

Mr. Siddharth Sharma, Advocate, for the petitioners in CRM-M-7018-2021 and for respondents No.2 to 12 in CRM-M-6601-2021. **** SANJAY VASHISTH , J. (Oral) :

By this order, I intend to dispose of CRM-M-6601-2021, titled as, "Simranjit Singh and others vs. State of Punjab and others", and CRMM-7018-2021, titled as, "Iqbal Singh and others vs State of Punjab and others", by recording following observations and directions separately in both cases:- CRM-M- 6601-2021 By way of present petition, petitioners are seeking quashing of DDR/Rapat No. 0016, dated 04.08.2019, under Sections 323, 326, 341, 382,

- 2 - 148, 149 of IPC, registered at Police Station Bholath, District Kapurthala (Annexure P-1), and all the subsequent proceedings arising therefrom, on the basis of compromise dated 25.08.2019 (Annexure P-3), Vide order dated 12.02.2021, co-ordinate Bench of this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 25.08.2019 (Annexure P-3).

The Illaqa Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order. In compliance thereof, the parties have appeared before the Sub Divisional Judicial Magistrate, Bholath (Kapurthala), and as per report dated 26.03.2021 submitted to this Court, both the parties have got recorded their respective statements before Illaqa Magistrate/trial 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 Sub Divisional Judicial Magistrate, Bholath (Kapurthala), accompanied by statements of both the parties, the DDR/Rapat No. 0016, dated 04.08.2019, under Sections

- 3 - 323, 326, 341, 382, 148, 149 of IPC, registered at Police Station Bholath, District Kapurthala, along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners. Petition stands disposed of.

Needless to say that the parties shall remain bound by the terms of compromise and their statements made before Illaqa Magistrate/trial Court.

CRM-M- 7018-2021 By way of present petition, petitioners are seeking for quashing of FIR No.0037, dated 04.08.2019, under Sections 323, 324, 325, 148, 149 of IPC, registered at Police Station Bholath, District Kapurthala (Annexure P-1), and all the subsequent proceedings arising therefrom, on the basis of compromise dated 25.08.2019 (Annexure P-3).

Vide orders dated 16.02.2021, Co-ordinate Bench of this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 25.08.2021 (Annexure P-3).

The Illaqa Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order. In compliance thereof, the parties have appeared before the Sub Divisional Judicial Magistrate, Bholath (Kapurthala), and as per report dated 26.03.2021 submitted to this Court, both the parties have got recorded their respective statements before Illaqa Magistrate/trial 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

- 4 - 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 Sub Divisional Judicial Magistrate, Bholath (Kapurthala), accompanied by statements of both the parties, the FIR No.0037, dated 04.08.2019, under Sections 323, 324, 325, 148, 149 of IPC, registered at Police Station Bholath, District Kapurthala, along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

Petition stands disposed of.

Needless to say that the parties shall remain bound by the terms of compromise and their statements made before Illaqa Magistrate/trial Court.

(SANJAY VASHISTH) JUDGE September 20, 2022 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No