Tarsem Lal And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-17612-2021 Date of decision: 02.03.2023 TARSEM LAL AND OTHERS

...Petitioner(s)

VERSUS

STATE OF PUNJAB AND OTHERS

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE GURBIR SINGH

Present:

Mr. Vinay Kumar, Advocate for the petitioners.

Mr. G.S. Shergill, AAG, Punjab.

Mr. Anosh Samson, Advocate for respondents.

**** GURBIR SINGH , J. (ORAL) This is a petition filed under Section 482 Cr.P.C. for quashing of DDR No.28, dated 31.03.2020, under Sections 326, 324, 323, 506, 148, 149 of IPC, 1860 registered at Police Station Civil Line Batala, District Batala (Annexure P-1) in case FIR No.75 dated 31.03.2020 under Sections 326, 324, 323, 506, 148, 149 of IPC, 1860 registered at Police Station Civil Line Batala, District Batala and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2), effected between the parties. Learned counsel for the parties have stated that the present FIR may be quashed as the parties have amicably settled the dispute.

During the course of preliminary hearing, the trial Court was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise by this Court. In compliance thereof, report dated 19.10.2021 from the Judicial Magistrate Ist Class, Batala has been received through the District & KUSUM 2023.03.

CRM-M-17612-2021 -2Sessions Judge, Gurdaspur, with statements of the parties, in which, it has been mentioned that the compromise is genuine, voluntary and without any coercion and undue influence.

The powers under Section 482 Cr.P.C. 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 and others vs. State of Punjab and another " , 2007(3) RCR (Criminal) 1052 and "Gian Singh vs. State of Punjab and another", 2012 (4) RCR (Criminal) 543. In view of the aforesaid report of the Judicial Magistrate Ist Class, Batala accompanied by statement of both the parties, the instant petition is allowed. Consequently, the impugned DDR No.28, dated 31.03.

2020, under Sections 326, 324, 323, 506, 148, 149 of IPC, 1860 registered at Police Station Civil Line Batala, District Batala (Annexure P-1) in case FIR No.75 dated 31.03.2020 under Sections 326, 324, 323, 506, 148, 149 of IPC, 1860 registered at Police Station Civil Line Batala, District Batala and all consequential proceedings arising therefrom are hereby quashed, on the basis of compromise (Annexure P-2), qua the petitioners only.

(GURBIR SINGH) JUDGE 02.03.2023 kusum Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No KUSUM 2023.03.02 18:39 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD