High Court of Punjab and HaryanaCRM-M/10646/2022disposed of

Karanvir Batta v. State Of Punjab And Another

2022-08-04Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-10646-2022 (O & M) Date of decision: 04.08.2022 Karanvir Batta ...... Petitioner V/s State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Yashpal Thakur, Advocate, for the petitioner. Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

Ms. Arshdeep Kaur, Advocate, for Mr. Goruv Arora, Advocate, for respondent No.2/complainant.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of the FIR No.121 dated 02.09.2021 under Section 379-B IPC with Police Station Amloh, District Fatehgarh Sahib and all consequential proceedings arising therefrom on the basis of compromise dated 02.03.2022 (Annexure P-4) arrived at between the parties.

Vide order dated 11.03.2022 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 11.03.2022 with regard to the compromise (Annexure P-4). In terms of the order dated 11.03.2022 passed by this Court parties have appeared before the court of Sessions Judge, and as per the report dated 02.04.2022 submitted to this Court, both the parties have got recorded their respective statements in Court. SUKHPREET KAUR 2022.08.10 23:34 I attest to the accuracy and integrity of this document

CRM-M-10646-2022 (O & M) ::2::

According to the said report, accused-petitioner Karanvir Batta is involved in one other case bearing FIR No.154 dated 01.08.2008 under Sections 454, 380 IPC with Police Station Amloh wherein a cancellation report was filed in the Court and the JMIC, Amloh has accepted the said cancellation report. 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 Sessions Judge, Fatehgarh Sahib, accompanied by the joint statement of both the parties, the present FIR No. 121 dated 02.09.2021 under Section 379-B IPC with Police Station Amloh, District Fatehgarh Sahib and all consequential proceedings arising therefrom are hereby quashed qua the petitioner herein. Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE August 04, 2022 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2022.08.10 23:34 I attest to the accuracy and integrity of this document