High Court of Punjab and HaryanaCRM-M/28206/2022disposed of

Vinod Kumar Gadi And Others v. State Of Punjab And Another

2022-09-06Mr. Justice Sanjay Vashisth2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-28206-2022 Decided on : 06.09.2022 Vinod Kumar Gadi and others . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Sandeep Thakran, Advocate for Mr. Pawandeep Singh, Advocate for the petitioner(s).

Mr. A.S. Sandhu, AAG, Punjab.

Mr. Rahul Deswal, Advocate for respondent No.2.

**** SANJAY VASHISTH , J. (Oral) The prayer in this petition filed under Section 482 Cr.P.C., is for quashing of an FIR No.0027, dated 13.01.2022, lodged under Sections 406, 420, 465, 467, 468, 471, 120-B of IPC, registered at Police Station Zirakpur, District SAS Nagar (Mohali) (Annexure P-1), along with all consequential proceedings arising therefrom on the basis of a compromise dated 30.05.2022 (Annexure P-4), arrived at between the parties. Vide order dated 07.07.2022, this Court had directed the parties to appear before Illaqa Magistrate/trial Court for getting their statements recorded with regard to the compromise dated 30.05.2022 (P-4). The Illaqa Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order. Pursuant to the orders dated 07.07.2022 passed by this Court, the parties have appeared before the Judicial Magistrate 1st Class, Dera Bassi, and as per the report dated 02.09.2022 submitted to this Court, both the JAWALA RAM 2022.09.06 18:18 I attest to the accuracy and authenticity of this order/judgment.

CRM-M-28206-2022 - 2 - 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 1st Class, Dera Bassi, accompanied by statements of both the parties, the FIR No.0027, dated 13.01.2022, lodged under Sections 406, 420, 465, 467, 468, 471, 120-B of IPC, registered at Police Station Zirakpur, District SAS Nagar (Mohali), along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE September 06, 2022 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2022.09.06 18:18 I attest to the accuracy and authenticity of this order/judgment.