Chhinder @ Shinder Singh And Others v. State Of Punjab And Others

2023:PHHC:072833

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-53097-2022 Date of decision: 17.05.2023 CHHINDER @ SHINDER SINGH AND OTHERS ...PETITIONER(S)

VERSUS

STATE OF PUNJAB AND OTHERS ...RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE GURBIR SINGH

Present:

Mr. Balraj Singh Sidhu, Advocate for the petitioners.

Mr. Sarabjit Singh Cheema, DAG, Punjab.

Mr. G.S. Saini, Advocate, for respondent Nos. 2 and 3.

***** GURBIR SINGH , J. (ORAL) This is a petition filed under Section 482 Cr.P.C. for quashing of cross case DDR No. 036 dated 11.08.2022 under Sections 324, 323, 148, 149 of IPC, 1860, Police Station Mallanwala, District Ferozepur (Annexure P-1) in case FIR No.0129, dated 08.08.2022 under Sections 452, 324, 323, 148, 149 of IPC, 1860 registered at Police Station Mallanwala, District Ferozepur and all consequential proceedings arising therefrom, on the basis of compromise dated 22.08.2022 (Annexure P-3), effected between the parties. Learned counsel for the parties have stated that the present FIR may be quashed as the parties have amicably settled the dispute. During the course of preliminary hearing, the trial Court was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise by this Court. KUSUM 2023.05.20 11:01 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

2023:PHHC:072833 CRM-M-53097-2022 -2In compliance thereof, report dated 15.05.2023 from the Judicial Magistrate Ist Class, Zira has been received through the District & Sessions Judge, Ferozepur, with statements of the parties, in which, it has been mentioned that the compromise is genuine, voluntary and without any coercion or undue influence.

The powers under Section 482 Cr.P.C. 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 and others vs. State of Punjab and another " , 2007(3) RCR (Criminal) 1052 and "Gian Singh vs. State of Punjab and another", 2012 (4) RCR (Criminal) 543. In view of the aforesaid report of the Judicial Magistrate Ist Class, Zira accompanied by statement of both the parties, the instant petition is allowed. Consequently, the impugned cross case DDR No. 036 dated 11.08.2022 unde Sections 324, 323, 148, 149 of IPC, 1860, Police Station Mallanwala, District Ferozepur (Annexure P-1) in case FIR No.

0129, dated 08.08.2022 under Sections 452, 324, 323, 148, 149 of IPC, 1860 registered at Police Station Mallanwala, District Ferozepur and all consequential proceedings arising therefrom are hereby quashed, on the basis of compromise dated 22.08.2022 (Annexure P-3), qua the petitioners only. (GURBIR SINGH) JUDGE 17.05.2023 kusum Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No KUSUM 2023.05.20 11:01 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD