High Court of Punjab and HaryanaCRM-M/42336/2021disposed of

Anjana Kumari And Others v. State Of Punjab And Another

2022-10-29Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-42336-2021 (O & M) Date of decision: 29.10.2022 Anjana Kumari and ors.

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

...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Arjun Veer Sharma, Advocate, for the petitioners.

Mr. Kirat Singh Sidhu, DAG, Punjab.

Mr. Naveen Sharma, Advocate, for respondent No.2.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of FIR No.130 dated 25.07.2018 under Sections 380, 447, 448, 511 and 34 IPC at Police Station PAU, District Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise dated 03.07.2019 and affidavit dated 23.09.2021 (Annexures P-2 and P-3).

Vide order dated 08.03.2022 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 08.03.2022 with regard to the compromise/affidavit (Annexures P-2 and P-3). In terms of the order dated 08.03.2022 passed by this Court parties have appeared before the court of Judicial Magistrate Ist Class, Ludhiana and as per his report dated 16.06.2022 submitted to this Court, SUKHPREET KAUR 2022.10.29 17:24 I attest to the accuracy and integrity of this document

CRM-M-42336-2021 (O & M) ::2::

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, Ludhiana, accompanied by the joint statement of both the parties, the FIR No. 130 dated 25.07.2018 under Sections 380, 447, 448, 511 and 34 IPC at Police Station PAU, District Ludhiana and all subsequent proceedings arising therefrom are hereby quashed qua the petitioners herein. Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE October 29, 2022 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2022.10.29 17:24 I attest to the accuracy and integrity of this document