High Court of Punjab and HaryanaCRM-M/10845/2024disposed of

Surjit Singh Alias Sarjit Singh And Others v. State Of Punjab And Others

2024-04-03Mr. Justice Jasjit Singh Bedi2 pages

2024:PHHC:044431 CRM-M-10845-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10845-2024 Date of decision: April 03, 2024 Surjit Singh alias Sarjit Singh and others ...... Petitioners Vs.

State of State and another

...Respondents

CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Gursharan Singh, Advocate for the petitioners.

Mr. Mohit Saroha, AAG, Punjab.

Mr. Komal Bedain, Advocate for for respondents No.2 and 3.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of complaint No.COMI-16 dated 23.12.2011 under Sections 326, 323, 324, 34 IPC registered at Police Station Gharinda, District Amritsar and all other consequential proceedings arising therefrom on the basis of compromise dated 19.01.2024 (Annexure P-5) entered into between the parties. Vide orders dated 29.02.2024 and 14.03.2024 this Court had directed the parties to appear before the Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 19.01.2024 (Annexure P-5) and the Illaqa Magistrate/Trial Court was to submit a report in this regard giving certain details as enumerated in the said order. SATISH KUMAR 2024.04.03 16:37 I attest to the accuracy and integrity of this document High Court Chandigarh

2024:PHHC:044431 CRM-M-10845-2024 -2Pursuant to the orders dated 29.02.2024 and 14.03.2024 passed by this Court, parties have appeared before the Court of the Chief Judicial Magistrate, Amritsar and as per its report dated 27.03.2024 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.

In view of the aforesaid report of the Chief Judicial Magistrate, Amritsar accompanied by the joint statements of both the parties, the present complaint No.COMI-16 dated 23.12.2011 under Sections 326, 323, 324, 34 IPC registered at Police Station Gharinda, District Amritsar and all other consequential proceedings arising therefrom on the basis of compromise dated 19.01.2024 (Annexure P-5) entered into between the parties, are hereby quashed.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE April 03, 2024 satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SATISH KUMAR 2024.04.03 16:37 I attest to the accuracy and integrity of this document High Court Chandigarh