High Court of Punjab and HaryanaCRM-M/24105/2021disposed of

Jagroop Singh And ORS v. State Of Punjab And ORS

2022-04-01Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-24105-2021 (O & M) Date of decision: 01.04.2022 Jagroop Singh and ors.

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

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Vinay Kumar, Advocate, for the petitioners. Mr. Prabhjot Singh Walia, Asstt.A.G., Punjab. Mr. Jatinder Singh, Advocate, for respondents No.2 and 3.

***** JASJIT SINGH BEDI, J. (Oral) The Prayer in this petition is for the quashing of the FIR No.41 dated 05.07.2018 (Annexure P-1) under Sections 324, 323, 506, 148 and 149 IPC (Section 326 IPC added later on) registered with Police Station Sarai Amant Khan, District Tarn Taran and all consequential proceedings arising therefrom on the basis of compromise/settlement (Annexure P-2) arrived at between the petitioners and respondents No.2 and 3. Vide order dated 05.07.2021 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 05.07.2021 with regard to the compromise/settlement (Annexure P-2). In terms of the order dated 05.07.2021 passed by this Court parties have appeared before the court of Judicial Magistrate Ist Class, Tarn Taran, and as per her report dated 21.09.2021 submitted to this Court, both SUKHPREET KAUR 2022.04.01 23:48 I attest to the accuracy and integrity of this document

CRM-M-24105-2021 (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, Tarn Taran, accompanied by statements of both the parties, the FIR No.41 dated 05.07.2018 (Annexure P-1) under Sections 324, 323, 506, 148 and 149 IPC (Section 326 IPC added later on) registered with Police Station Sarai Amant Khan, District Tarn Taran and all consequential proceedings arising therefrom are hereby quashed. Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE April 01, 2022 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2022.04.01 23:48 I attest to the accuracy and integrity of this document