Harbhajan Singh @ Tiger And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 25.07.2024 HARBHAJAN SINGH @ TIGER & ANR.

.... PETITIONER(S)

VERSUS

STATE OF PUNJAB AND ANOTHER ...RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Kamal Narula, Advocate for the petitioner(s).

Mr. Malkeet Singh, DAG, Punjab.

Mr. Naveen Sharma, Advocate for respondent No.2.

**** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of an FIR No.141 dated 10.07.2022 registered under Sections 341, 323, 379-B, 506, 148 and 149 IPC at Police Station Sadar Fazilka, District Fazilka (Annexure P-1) along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the parties.

Vide order dated 22.03.2024 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 10.11.2023 and affidavit dated 26.02.2024 (Annexures P-2 and P-3) and 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 order dated 22.03.2024 passed by this Court, the parties have appeared before the learned Additional Chief Judicial Magistrate, Fazilka and as per the report dated 23.05.2024 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 a effected 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".

Further, the learned counsel for the petitioner, while placing reliance upon the judgments passed by the Hon'ble Supreme Court in Jayrajsinh Digvijaysinh Rana Versus State of Gujarat and another, 2012(4) R.C.R. (Criminal) 589 and this Court in Joginder Singh & another Vs. State of Punjab and another, CRM-M-23739-2010 decided on 27.04.2011, Rajinder Singh Vs. State of Punjab & another, CRM-M37395-2016 decided on 16.05.2017, Bhoj Raj Vs. State of Punjab & another, CRM-24945-2019 decided on 27.09.2019 and Vimal Kalra & others Versus State of Punjab & another, CRM-M-20355-2022, decided on 25.07.2022 submits that partial quashing of the FIR was possible on the basis of a compromise.

In view of the aforesaid report of the Additional Chief Judicial Magistrate, Fazilka accompanied by statements of both the parties, the FIR

No.141 dated 10.07.2022 registered under Sections 341, 323, 379-B, 506, 148 and 149 IPC at Police Station Sadar Fazilka, District Fazilka (Annexure P-1) along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners, only. Petition stands disposed of.

(JASJIT SINGH BEDI) JUDGE 25.07.2024 Kusum Whether speaking/reasoned Yes/No Whether Reportable Yes/No