Jand Singh And ANR v. State Of Punjab And Another
2023:PHHC:088571 CRM-M-24576-2022(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-24576-2022 (O&M) Date of decision: July 14, 2023 Jand Singh and another ....Petitioners versus State of Punjab and another ....Respondents
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Surinder Garg, Advocate for petitioner(s). Ms. Guramrit Kaur, DAG Punjab.
Mr. Kashmir Singh, Advocate for Mr. A.P. Kaushal, Advocate for respondent No.2. ***** ARUN MONGA, J. (ORAL) The instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') seeking quashing of FIR No.149 dated 05.09.2012, under Sections 406, 295-A, 506, 120-B of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station City Kotkapura, District Faridkot and subsequent proceedings thereto, on the basis of compromise dated 07.03.2023 (Annexure P-2), which is stated to have been entered into between the parties.
2.
Since quashing was sought on the basis of compromise, this Court on 01.06.2022 had directed the parties to appear before the Illaqa Magistrate concerned for recording of their statements in support of the compromise. A veracity report was also called for.
3.
Placed on record is a report dated 14.06.2022 of learned Judicial Magistrate First Class, Faridkot and a perusal of the same would reveal that the statements of the complainant /respondent No.2 as also of the accused/present petitioners herein have been duly recorded and it has been opined that a compromise has been arrived and is authentic, genuine, voluntary and out of free will of the parties. The report is accompanied by the statements of the parties which were duly recorded. MAHAVIR SINGH 2023.07.17 18:32 I attest to the accuracy and authenticity of this order/ judgment
2023:PHHC:088571 CRM-M-24576-2022(O&M) 4.
Learned counsel appearing on behalf of respondent No.2 also makes a statement that the compromise having been effected, he would have no objection to the quashing of the FIR in question.
5.
This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1 and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2.
6.
Adverting back to the facts of the present case, it is apparent that the complainant/respondent and accused/petitioners are known to each other and compromise has been arrived at between the parties voluntary and without any coercion. 7.
In the considered view of this Court, it would be an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of the impugned FIR. 8.
For the reasons recorded above, the present petition is allowed. FIR No.149 dated 05.09.2012, registered under Sections 406, 295-A, 506, 120-B IPC at Police Station City Kotkapura, District Faridkot and all proceedings emanating therefrom qua the petitioners stand quashed.
9.
Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE July 14, 2023 mahavir Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 MAHAVIR SINGH 2023.07.17 18:32 I attest to the accuracy and authenticity of this order/ judgment