High Court of Punjab and HaryanaCRM-M/18503/2022disposed of

Barinder Singh Alias Lalli And ORS v. State Of Punjab And Others

2022-10-18Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-18503-2022 (O & M) Date of decision: 18.10.2022 Barinder Singh @ Lalli and ors.

...... Petitioners V/s State of Punjab and ors.

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Rajat Dogra, Advocate, for the petitioners. Mr. Ravinder Singh, AAG, Punjab.

Mr. Lovepreet Handa, Advocate, for respondents No.2 and 3. ***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of rapat vide G.D. No.31 dated 22.02.2022 under Sections 324, 341, 452, 427, 506, 148 and 149 IPC registered at Police Station Mullanpura, District SAS Nagar, Mohali registered at cross-case of FIR No.25 dated 21.02.2022 under Sections 323, 452, 427, 506, 148 and 149 IPC at Police Station Mullanpura, District SAS Nagar Mohali and all consequential proceedings arising therefrom on the basis of compromise dated 17.03.2022 (Annexure P-3) arrived at between the parties.

Vide order dated 04.05.2022 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded in terms of certain parameters given in the aforesaid order dated 04.05.2022 with regard to the compromise (Annexure P-3). In terms of the order dated 04.05.2022 passed by this Court parties have appeared before the court of Judicial Magistrate Ist Class, Kharar and as per her report dated 31.08.2022 submitted to this Court, both SUKHPREET KAUR 2022.10.21 14:21 I attest to the accuracy and integrity of this document

CRM-M-18503-2022 (O & M) ::2::

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 learned Judicial Magistrate Ist Class, Kharar accompanied by the joint statement of both the parties, the rapat vide G.D. No.31 dated 22.02.2022 under Sections 324, 341, 452, 427, 506, 148 and 149 IPC registered at Police Station Mullanpura, District SAS Nagar, Mohali registered at cross-case of FIR No.25 dated 21.02.2022 under Sections 323, 452, 427, 506, 148 and 149 IPC at Police Station Mullanpura, District SAS Nagar Mohali and all consequential proceedings arising therefrom are hereby quashed qua the petitioners herein.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE October 18, 2022 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2022.10.21 14:21 I attest to the accuracy and integrity of this document