High Court of Punjab and HaryanaCRM-M/29555/2019disposed of

Manpreet Singh Alias Mani And ORS. v. State Of Punjab And ANR.

2024-05-23Mr. Justice Jasjit Singh Bedi2 pages

CRM-M-29555-2019 -1264A

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-29555-2019 Date of decision: May 23, 2024 Manpreet Singh alias Mani and others ...... Petitioners Vs.

State of Punjab and others

...Respondents

CORAM:HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Saurabh Kapoor, Advocate for the petitioners.

Mr. Rahul Jindal, AAG, Punjab.

Mr. Amandeep Singh, Advocate for respondent No.2/complainant.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of the DDR No.013 dated 15.09.2017 under Sections 323, 325, 506, 148, 149 IPC in case FIR No.126 dated 09.08.2017 under Sections 324, 356, 148, 149 IPC (Sections 307 & 379-B IPC added later on) registered at Police Station Haibowal, Ludhiana (Annexure P-1) and all other consequential proceedings arising therefrom on the basis of compromise dated 23.04.2019 (Annexure P-2) entered into between the parties.

Vide order dated 31.10.2023 this Court had directed the parties to appear before the Illaqa Magistrate for getting their statements recorded with regard to the compromise and the Illaqa Magistrate/Trial Court was to submit a report in this regard giving certain details as enumerated in the said order. SATISH KUMAR 2024.05.27 10:27 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-29555-2019 -2Pursuant to the order dated 31.10.2023 passed by this Court, parties have appeared before the Court of the District and Sessions Judge, Ludhiana and as per its report dated 11.03.2024 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 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 District and Sessions Judge, Ludhiana accompanied by the joint statements of both the parties, DDR No.013 dated 15.09.2017 under Sections 323, 325, 506, 148, 149 IPC in case FIR No.126 dated 09.08.2017 under Sections 324, 356, 148, 149 IPC (Sections 307 & 379-B IPC added later on) registered at Police Station Haibowal, Ludhiana (Annexure P-1) and all other consequential proceedings arising therefrom on the basis of compromise dated 23.04.2019 (Annexure P-2) entered into between the parties, are hereby quashed.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE May 23, 2024 satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SATISH KUMAR 2024.05.27 10:27 I attest to the accuracy and integrity of this document High Court Chandigarh