High Court of Punjab and HaryanaCRM-M/32626/2020disposed of

Kamal Singh And Others v. State Of Punjab And Others

2022-05-19Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-32626-2020 (O & M) Date of decision: 19.05.2022 Kamal Singh and ors.

...... Petitioners V/s State of Punjab and ors.

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Gaurav Sharma, Advocate, for the petitioners. Mr. Sidakmeet Singh Sandhu, AAG, Punjab..

Mr. Deepak Sabharwal, Advocate, for respondents No.2 and 3.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for the quashing of the cross case registered vide FIR No.163 dated 17.08.2020 under Sections 323, 341, 506, 427 and 34 IPC registered with Police Station Nurpur Bedi, District Roopnagar and all consequential proceedings arising therefrom on the basis of compromise (Annexure P-2) arrived at between the petitioners and private respondents.

Vide order dated 14.10.2020 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 14.10.2020 with regard to the compromise (Annexure P-2). In terms of the order dated 14.10.2020 passed by this Court parties have appeared before the court of Judicial Magistrate Ist Class, Sri Anandpur Sahib, and as per his report dated 12.04.2021 SUKHPREET KAUR 2022.05.20 05:19 I attest to the accuracy and integrity of this document

CRM-M-32626-2020 (O & M) ::2::

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 learned Judicial Magistrate Ist Class, Sri Anandpur Sahib accompanied by the joint statement of both the parties, the FIR No. 163 dated 17.08.2020 under Sections 323, 341, 506, 427 and 34 IPC registered with Police Station Nurpur Bedi, District Roopnagar and and all consequential proceedings arising therefrom are hereby quashed.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE May 19, 2022 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2022.05.20 05:19 I attest to the accuracy and integrity of this document