Bhoop Ram And ORS. v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11761-2022 Decided on : 29.09.2022 Bhoop Ram @ Bhupram and others . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Pawan Kumar, Advocate for Mr. Saurabh Arora, Advocate for the petitioner(s).

Mr. A.S. Sandhu, AAG, Punjab.

Mr. Virender Kumar Majra, Advocate for Mr. Pranav Chadha, Advocate for respondent No.2.

**** SANJAY VASHISTH , J. (Oral) The prayer in this petition filed under Section 482 Cr.P.C., is for quashing of an FIR No.166, dated 14.12.2018, lodged under Sections 323, 325, 341, 506, 201, 34 of IPC, registered at Police Station Phase 11, District SAS Nagar (Annexure P-1), along with all consequential proceedings arising therefrom on the basis of a compromise dated 03.03.2022 (Annexure P-2), arrived at between the parties.

Vide order dated 21.03.2022, this Court had directed the parties to appear before Illaqa Magistrate/trial Court for getting their statements recorded with regard to the compromise dated 03.03.2022 (P-2). The Illaqa Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order. Pursuant to the orders dated 21.03.2022 passed by this Court, the parties have appeared before the Addl. Chief Judicial Magistrate, SAS Nagar Mohali, and as per the report dated 22.04.2022 submitted to this Court, both JAWALA RAM 2022.10.01 14:07 I attest to the accuracy and authenticity of this order/judgment.

CRM-M-11761-2022 - 2 - 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 learned Addl. Chief Judicial Magistrate, SAS Nagar, Mohali, accompanied by statements of both the parties, the FIR No.166, dated 14.12.2018, lodged under Sections 323, 325, 341, 506, 201, 34 of IPC, registered at Police Station Phase 11, District SAS Nagar, along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE September 29, 2022 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2022.10.01 14:07 I attest to the accuracy and authenticity of this order/judgment.