High Court of Punjab and HaryanaCRM-M/34829/2023disposed of

Ranjit Singh And Others v. State Of Punjab And Another

2023-12-05Mr. Justice Jasjit Singh Bedi4 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34829-2023 (O & M) Date of decision: December 05, 2023 Ranjit Singh and others ...... Petitioners V/s State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Gursharan Singh, Advocate, for the petitioners. Mr. Harkanwar Jeet Singh, AAG, Punjab.

Mr. Anmol Jeevan Singh Gill, Advocate, for the complainant/respondent No.2.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of the FIR No.140 dated 04.07.2020 registered under Sections 323, 324, 452, 148, 149 IPC (Section 307 IPC has been added later on) at Police Station Chattiwind, District Amritsar Rural and all other consequential proceedings arising therefrom on the basis of compromise dated 08.06.2023 entered into between the parties.

Vide order dated 20.07.2023, this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise (Annexure P-3) and the Illaqa Magistrate/Trial

-2Court was to submit a report in this regard giving certain details as enumerated in the said order.

Pursuant to the order dated 20.07.2023 passed by this Court parties have appeared before the court of Additional Sessions Judge, Amritsar and as per report dated 02.12.2023 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 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 the present case, undoubtedly, the FIR has been registered under Section 307 IPC and therefore, the question would be as to whether the FIR could be quashed.

The Hon'ble Supreme Court in Narinder Singh and others VS. State of Punjab and Another, 2014 (2) RCR (Criminal) 482 and State of Madhya Pradesh Vs. Laxmi Narayan and others, 2019 (2) RCR (Criminal) 255, have categorized those cases where quashing on the basis

-3of compromise was permitted and those in which, it was not permitted. It was further observed that the Court concerned may look into the medical evidence and examine the same to see as to whether the conviction under Section 207 of the IPC was possible or not.

The mere registration of an FIR under Section 307 IPC did not foreclose the right of the petitioner/accused to effect a compromise and get the FIR quashed.

In the present case, an injury which has been "declared dangerous to life" is in fact an injury which has been "declared dangerous to life" is in fact n injury which is Endangering life" and therefore, would be punishable under Section 326 IPC. Therefore, in the present case if a conviction was to be recorded, in all probabilities it would be one under Section 326 IPC and not under Section 307 IPC. It has been so held in Atma Singh Vs. The State of Punjab 1980 PLR 719, Mohinder Sing and Others Vs. State of Punjab 2012(4) RCR (Criminal) 214, Narinder Singh Vs. State Haryana and others 2020(3) RCR (Criminal) 66, Mehmood Akhtar Vs. State of Punjab 2014(16) RCR (Criminal) and Pritam Singh and another Vs. State of Punjab Crl. Appeal No.1126-SB199 decided on 25.02.2010. In view of the aforesaid report of the Additional Sessions Judge, Amritsar accompanied by the joint statements of both the parties, the present FIR No.140 dated 04.07.2020 registered under Sections 323, 324, 452, 148, 149 IPC (Section 307 IPC has been added later on) at Police

-4Station Chattiwind, District Amritsar Rural and all other consequential proceedings arising therefrom on the basis of compromise dated 08.06.2023 entered into between the parties, are hereby quashed qua the petitioners only. Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE December 05, 2023 satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No