Jaswant Singh And ANR. v. State Of Punjab And Others

CRM-M-12925-2023 2023:PHHC:087030

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12925-2023 (O&M) DATE OF DECISION: 12.07.2023 Jaswant Singh and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Karamjeet Sharma, Legal Aid Counsel, For the petitioners.

Mr. Mohit Thakur, AAG, Punjab.

Mr. Rupender Singh Rana, Legal Aid Counsel, For respondents No.2 and 3.

ARUN MONGA, J. (ORAL) Petitioners seek quashing of FIR No.0130 dated 04.07.2022 (Annexure P-1), registered under Sections 323, 324, 326, 452, 506 read with Section 34 IPC, at Police Station Sadar Tarn Taran, District Tarn Taran, on the basis of compromise dated 08.08.2022 (Annexure P-2) and affidavit dated 09.08.2022 (Annexure P-3), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 15.03.2023 had directed the parties to appear before learned Illaqa/Duty Magistrate for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 17.04.2023 of learned Additional Chief Judicial Magistrate, Tarn Taran, has been received. Report reveals that statements of complainant party i.e. respondents No.2 and 3as also of accused/ present petitioners herein, were duly recorded. It is opined that a SHALINI BHATIA 2023.07.17 15:23 I attest to the accuracy and integrity of this order/ judgment

CRM-M-12925-2023 2023:PHHC:087030 compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondentsNo.2 and 3and accused/ petitioners have arrived at a compromise voluntarily and without any coercion.

4.

Learned counsel for complainant/respondents No.2 and 3 state that he would have no objection to the quashing of FIR in question. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.0130 dated 04.07.2022 (Annexure P-1) registered under Sections 323, 324, 326, 452, 506 read with Section 34 IPC, at Police Station Sadar Tarn Taran, District Tarn Taran and all proceedings emanating there from qua the petitioners stand quashed.

8.

Pending application(s), if any, shall also stand disposed of. JULY 12, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.07.17 15:23 I attest to the accuracy and integrity of this order/ judgment