Gurdip Singh And Another v. State Of Punjab And Another
CRM-M-15168-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15168-2024 Date of decision: August 08, 2024 Gurdip Singh and another ...... Petitioners Vs.
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:
Mr. Deepak Arora, Advocate for the petitioners.
Dr. D.S. Lamba, DAG, Punjab.
Ms. Khushboo Sharma, Advocate for respondents No.2.
***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition under Section 482 Cr.P.C. is for quashing of the FIR No.78 dated 15.11.2022 under Sections 420, 120-B IPC, Police Station Tibber, District Gurdaspur along with all the subsequent and consequential proceedings arising therefrom on the basis of compromise entered into between the parties.
Vide orders dated 22.03.2024 and 23.05.2024 this Court had directed the parties to appear before the trial Court/Illaqa Magistrate for getting their statements recorded with regard to the compromise 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 orders dated 22.03.2024 and 23.05.2024 passed by this Court, parties have appeared before the Court of the Additional Chief Judicial Magistrate, Gurdaspur and as per its report dated SATISH KUMAR 2024.08.09 13:37 I attest to the accuracy and integrity of this document High Court Chandigarh
CRM-M-15168-2024 -212.07.2024 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 Additional Chief Judicial Magistrate, Gurdaspur accompanied by the joint statements of both the parties, the present FIR No.78 dated 15.11.2022 under Sections 420, 120B IPC, Police Station Tibber, District Gurdaspur and all other consequential proceedings arising therefrom, on the basis of compromise entered into between the parties, are hereby quashed.
Petition stands disposed of.
( JASJIT SINGH BEDI) JUDGE August 08, 2024 satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SATISH KUMAR 2024.08.09 13:37 I attest to the accuracy and integrity of this document High Court Chandigarh