High Court of Punjab and HaryanaCRM-M/11478/2021disposed of

Raj Kumar And ANR v. State Of Punjab And ANR

2022-08-24Mr. Justice Jasjit Singh Bedi2 pages

CRM-M-11478 of 2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 269) CRM-M-11478 of 2021 Date of Decision: 24.08.2022 Raj Kumar and another ...... Petitioners

Versus

State of Punjab and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Jatinder Pal Singh, Advocate, for the petitioners.

! ***** JASJIT SINGH BEDI, J. (ORAL) The prayer in this petition is for quashing of FIR no.414 dated 14.10.2020 under Sections 452, 323, 506, 427 and 34 of the IPC, registered at Police Station Division No. 5, Jalandhar and all other consequential proceedings arising therefrom on the basis of compromise/affidavit dated 23.02.2021 arrived at between the parties.

Vide order dated 12.03.2021 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 12.03.2021 with regard to the compromise/affidavit dated 23.02.2021.

DINESH 2022.08.26 15:17 I attest to the accuracy of this document

CRM-M-11478 of 2021 -2In terms of the order dated 12.03.2021 passed by this court parties have appeared before the court of Shri Rajinder Singh Teji, Judicial Magistrate Ist Class, Jalandhar and as per his report dated 05.05.2021 submitted to this court, both the parties have got recorded their respective statements in court. 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 of the Cr.P.C. 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 issue by the court in Kulwinder Singh and others v. State of Punjab 2007(3) Rcr (Criminal) 1052 and Gian Singh v. State of Punjab and another 2012(4) RCR (Crl.) 543. In view of the aforesaid report of the learned Judicial Magistrate Ist Class, Jalandhar accompanied by statements of both the parties, the FIR no.414 dated 14.10.2020 under Sections 452, 323, 506, 427 and 34 of the IPC, registered at Police Station Division No. 5, Jalandhar and all consequential proceedings arising therefrom are hereby quashed, qua the petitioners. Petition stands disposed of.

August 24, 2022 (JASJIT SINGH BEDI) dinesh JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No DINESH 2022.08.26 15:17 I attest to the accuracy of this document