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High Court of Punjab and HaryanaCRM-M/48861/2023disposed of

Dalbir Singh And Another v. State Of Haryana And Another

2024-08-02Mr. Justice Jasjit Singh Bedi2 pages

CRM-M-48861-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48861-2023 Date of decision: August 02, 2024 Dalbir Siongh and another ...... Petitioners Vs.

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Prabhjot Singh Waraich, Advocate for the petitioners. Mr. Deepak Grewal, DAG, Punjab.

Mr. Rajesh Goyal, Advocate for respondents No.2. ***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition under Section 482 Cr.P.C. is for quashing of the FIR No.298 dated 26.07.2023 (Annexure P-1) registered at Police Station Madlauda, Panipat under Sections 420, 120-B and 406 IPC on the basis of compromise dated 14.09.2023 (Annexure P-2) entered into between the parties.

The complainant is present in the Court and states that he has effected a settlement for Rs.08 Lacs and he has no objection if the FIR is quashed.

Vide orders dated 03.11.2023 this Court had directed the parties to appear before the trial Court/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 2024.08.02 16:31 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-48861-2023 -2Pursuant to the orders dated 03.11.2023 passed by this Court, parties have appeared before the Court of the Judicial Magistrate 1st Class, Panipat and as per its report dated 24.01.2024 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 Judicial Magistrate 1st Class, Panipat accompanied by the joint statements of both the parties, the present FIR No.298 dated 26.07.2023 (Annexure P-1) registered at Police Station Madlauda, Panipat under Sections 420, 120-B and 406 IPC and all other consequential proceedings arising therefrom, on the basis of compromise dated 14.09.2023 (Annexure P-2) entered into between the parties, are hereby quashed.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE August 02, 2024 satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SATISH KUMAR 2024.08.02 16:31 I attest to the accuracy and integrity of this document High Court Chandigarh