Kewal Singh And ORS v. State Of Punjab And Others

2023:PHHC:048249

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.247-a CRM-M-17764-2022 Date of Decision : April 10, 2023 Kewal Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr. Sukhdeep Singh, Advocate, for the petitioners. Mr. Gurlal Singh Dhillon, AAG, Punjab.

Mr. J.S. Ghuman, Advocate, for respondents No.2 to 4. ***** SUDHIR MITTAL, J. (ORAL) The petitioners have been convicted and appeal against the conviction is pending. During the pendency thereof, the parties have reached an amicable settlement and pursuant to directions of this Court their statements have been recorded. Report dated 14.03.2023 of the trial Court has been received which establishes that the parties have voluntarily effected the compromise and that the same is not due to coercion and undue influence. In recent judgment of the Supreme Court dated 29.09.2021 passed in Criminal Appeal No.1489 of 2012, Ramgopal and another vs. State of Madhya Pradesh, it has been held that inherent powers under Section 482 Cr.P.C.

can be exercised by the High Court even after conviction provided the offence is personal in nature, does not exhibit mental depravity, the compromise is voluntary, no other incident has taken place between the parties and that quashing would result in restoration of peace and harmony. These parameters exist in the present case also. ANKUR GOYAL 2023.04.

2023:PHHC:048249 CRM-M-17764-2022 --2-- Thus, the present petition is allowed. FIR No.54, dated 02.05.2014, registered at Police Station Goraya, District Jalandhar City, under Sections 323, 324, 326, 447, 427, 511, 506 & 34 IPC along with all consequential proceedings including the judgment of conviction and order of sentence dated 23.01.2019, are quashed qua the petitioners. Appeal has thus been rendered infructuous.

April 10, 2023 (SUDHIR MITTAL) Ankur JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANKUR GOYAL 2023.04.11 16:53 I attest to the accuracy and integrity of this order/judgment