High Court of Punjab and HaryanaCRM-M/29368/2020disposed of

Jatinder Singh And Others v. State Of Punjab And Another

2022-09-28Mr. Justice Jasjit Singh Bedi2 pages

CRM-M-29368-2020 #1#

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH.

CRM-M-29368-2020 Date of Decision:-28.09.2022 JATINDER SINGH AND OTHERS ... Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. B.S. Bansal, Advocate for the petitioners. Mr. Ravinder Singh, Asstt. A.G., Punjab.

Mr. Karan Dhawan, Advocate for Mr. Nitin Sharma, Advocate for respondent No.2. *** JASJIT SINGH BEDI, J.(ORAL) The prayer in this petition is for quashing of an FIR No.50 dated 23.05.2019 (Annexure P-1) registered under Sections 452, 324, 323, 427, 148 and 149 IPC at Police Station Ghuman, District Gurdaspur along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the petitioner and respondent no.2. Vide order dated 23.09.2020 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 20.03.2020 (P-2). 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 23.09.2020 passed by this Court, the parties have appeared before the learned Judicial Magistrate, 1st Class, Batala and as per the report dated 04.12.2020 submitted to this Court, both SUKHPREET KAUR 2022.10.11 17:52 I attest to the accuracy and integrity of this document

CRM-M-29368-2020 #2# 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 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, Batala accompanied by statements of both the parties, the FIR No.50 dated 23.05.2019 (Annexure P-1) registered under Sections 452, 324, 323, 427, 148 and 149 IPC at Police Station Ghuman, District Gurdaspur along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

Petition stands disposed of.

( JASJIT SINGH BEDI ) JUDGE September 28, 2022 Sukhpreet Whether speaking/reasoned Yes/No Whether reportable Yes/No SUKHPREET KAUR 2022.10.11 17:52 I attest to the accuracy and integrity of this document