Raspinder Singh@Pulli And ANR v. State Of Punjab And Others






IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Date of Decision :22.02.2024 Raspinder Singh @ Pulli and Anr.

... Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Sunny K. Singla, Advocate for the petitioner.

Mr. Gurpartap Singh Bhullar,AAG, Punjab.

Mr. Mahipal Yadav, Advocate for respondent No.2.

**** JASJIT SINGH BEDI, J. (ORAL) The prayer in this petition is for quashing of an FIR No.57 dated 09.05.2020 (Annexure P.1) registered under Sections 379.B(1), 148,149 of the IPC, 1860 (offence under Sections 148 and 149 of IPC deleted later on and offence under Section 34 of IPC added later on) at Police Station Sandaur, District Sangrur (now Malerkotla) along with all consequential proceedings arising therefrom, on the basis of a compromise dated 27.05.2023 (Annexure P.2) entered into between the parties.

Vide order dated 01.06.2023, this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 27.05.2023 (Annexure P.2) and 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 order dated 01.06.2023 passed by this Court, the parties have appeared before the learned Additional District & Sessions Judge, Sangrur and as per the report dated 24.11.2023 submitted to this Court, both 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 complaint 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 "




   

   

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!  $( ) Further, the learned counsel for the petitioners, while placing reliance upon the judgments passed by the Hon'ble Supreme Court in *+  , -+   

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2  $  submits that partial quashing of the FIR was possible on the basis of a compromise. Keeping in view the law laid down by this Court in the aforementioned judgments and the report of the Additional District & Sessions Judge, Sangrur, the FIR No.57 dated 09.05.2020 (Annexure P.1) registered under Sections 379.B(1), 148,149 of the IPC, 1860 (offence under Sections 148 and 149 of IPC deleted later on and offence under Section 34 of IPC added later on) at Police Station Sandaur, District Sangrur (now Malerkotla) along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners only.

Petition stands disposed of.

JASJIT SINGH BEDI






 

Whether speaking/reasoned:- Yes/No Whether reportable:.

Yes/No