High Court of Punjab and HaryanaCRM-M/22618/2022disposed of

Jasbir Singh v. State Of Haryana And Others

2022-08-22Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22618-2022 Date of decision: 22.08.2022 Jasbir Singh ... Petitioner V/s State of Haryana and Others

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Sandeep Singh Jattan, Advocate for the petitioner. Mr. Parveen Aggarwal, DAG, Haryana.

Ms. Hasan Kaur Gill, Advocate for respondents No. 2 to 4.

***** JASJIT SINGH BEDI, J. (Oral) The Prayer in this petition is for quashing of FIR No.58 dated 09.03.2022 (Annexure P-1) under Sections 285, 323 and 506 of the IPC (Sections 325 and 326 of the IPC and Section 30 of the Arms Act were added later on and Section 25 of the Arms Act has been deleted later on) registered at Police Station Shahzadpur, District Ambala and all consequential proceedings arising therefrom on the basis of compromise dated 18.04.2022 (Annexure P-3) arrived at between the parties. Vide order dated 23.05.2022 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 23.05.2022 with regard to the compromise dated 18.04.2022 (Annexure P3). In terms of the order dated 23.05.2022 passed by this Court parties have appeared before the court of Ms. Monika Jangra, Judicial Magistrate, Ist Class, Naraingarh and as per her report dated 28.6.2022 POONAM SHARMA 2022.08.24 16:54 I attest to the accuracy and integrity of this document

CRM-M-22618-2022 -2submitted to this Court, both the parties have got recorded their respective statements in Court 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, Naraingarh accompanied by statements of both the parties, the FIR No.58 dated 09.03.2022 (Annexure P-1) under Sections 285, 323 and 506 of the IPC (Sections 325 and 326 of the IPC and Section 30 of the Arms Act were added later on and Section 25 of the Arms Act has been deleted later on) registered at Police Station Shahzadpur, District Ambala and all consequential proceedings arising therefrom are hereby quashed. Petition stands disposed of.

(JASJIT SINGH BEDI) JUDGE August, 22, 2022 Poonam Sharma Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POONAM SHARMA 2022.08.24 16:54 I attest to the accuracy and integrity of this document