High Court of Punjab and HaryanaCRM-M/32287/2019disposed of

Jitender Singh And Another v. State Of Haryana And Another

2022-08-04Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-32287-2019 (O & M) Date of decision: 04.08.2022 Jitender Singh and anr.

...... Petitioners V/s State of Haryana and anr.

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Rakesh Gupta, Advocate, for the petitioners. Mr. Anmol Malik, DAG, Haryana.

Mr. Arjun Atri, Advocate, for Mr. Abhinav Sood, Advocate, for respondent No.2-complainant.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of the FIR No.303 dated 27.06.2018 under Sections 406, 420, 120-B IPC registered with Police Station Baldev Nagar, District Ambala and all consequential proceedings arising therefrom on the basis of compromise dated 12.07.2019 (Annexure P-2) .

Vide order dated 28.08.2019 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 28.08.2019 with regard to the compromise (Annexure P-2). In terms of the order dated 28.08.2019 passed by this Court parties i.e. petitioner No.1-Jitender Singh (through Video Conferencing), petitioner No.2-Vikram Singh and the complainant-Vishal Sharma, have appeared before the court of Judicial Magistrate Ist Class, Ambala, and as SUKHPREET KAUR 2022.08.05 20:03 I attest to the accuracy and integrity of this document

CRM-M-32287-2019 (O & M) ::2::

per her report dated 29.03.2022 submitted to this Court, both the parties have got recorded their respective statements. 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, Ambala, accompanied by the joint statement of both the parties, the FIR No. 303 dated 27.06.2018 under Sections 406, 420, 120B IPC registered with Police Station Baldev Nagar, District Ambala and all consequential proceedings arising therefrom are hereby quashed qua the petitioners herein.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE August 04, 2022 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2022.08.05 20:03 I attest to the accuracy and integrity of this document