Ramandeep Kaur And Others v. State Of Punjab And Another
2023:PHHC:162713
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-27007-2023 Date of Decision : December 18, 2023 Ramandeep Kaur and others .....Petitioners Vs.
State of Punjab and another
...Respondents
CORAM:
HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:
Mr. Varun Issar, Advocate for the petitioners. Ms. Ramta K. Chaudhary, DAG, Punjab.
Mr. Abhishek Arora, Advocate for respondent No.2. JASJIT SINGH BEDI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.114 dated 19.03.2018 (Annexure P-2) under Sections 406 and 420 IPC and Sections 495, 496, 120-B IPC added vide order dated 24.5.2019 registered at Police Station Dakha, Ludhiana (Rural) and all other consequential proceedings arising therefrom, on the basis of compromise/agreement dated 29.05.2023 entered into between the parties.
When this petition came up for hearing, the parties expressed their willingness to explore the possibility of a compromise. In terms of the same, on 26.05.2023, the matter was referred to the Mediation and Conciliation Centre of this Court, wherein a compromise dated 29.05.2023 was effected.
In terms of the aforementioned compromise, vide order dated 31.05.2023, 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 31.05.2023 with regard to the compromise/agreement dated 29.05.2023.
SATISH KUMAR 2023.12.19 16:13 I attest to the accuracy and integrity of this document
2023:PHHC:162713 CRM-M-27007-2023 -2In terms of the order dated 31.05.2023 passed by this Court parties have appeared before the Court of Judicial Magistrate 1st Class, Ludhiana and as per report dated 13.12.2023 submitted 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 1st Class, Ludhiana accompanied by statements of both the parties, the FIR No. 114 dated 19.03.2018 (Annexure P-2) under Sections 406 and 420 IPC and Sections 495, 496, 120-B IPC added vide order dated 24.5.2019 registered at Police Station Dakha, Ludhiana (Rural) and all other consequential proceedings arising therefrom, on the basis of compromise/agreement dated 29.05.2023 entered into between the parties. and all consequential proceedings arising therefrom are, hereby, quashed.
Petition stands disposed of.
( JASJIT SINGH BEDI ) December 18, 2023 JUDGE satish Whether speaking/reasoned : YES / NO Whether reportable : YES / NO SATISH KUMAR 2023.12.19 16:13 I attest to the accuracy and integrity of this document