Kulwinder Singh Alias Sonu And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-54322-2022 Date of decision: 14.03.2023 KULWINDER SINGH ALIAS SONU AND OTHERS

...Petitioner(s)

VERSUS

STATE OF PUNJAB AND OTHERS

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE GURBIR SINGH Present: Mr. Randeep Singh, Advocate for the petitioner.

Mr. G.S. Shergill, AAG, Punjab.

Mr. Gurvinder Singh, Advocate for the complainant.

**** GURBIR SINGH , J. (ORAL) This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No. 183, dated 23.05.2021, under Sections 323, 324, 341, 506, 148, 149 of IPC registered with Police Station Dera Bassi on the basis of compromise dated 09.11.2022, 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. In compliance thereof, report dated 06.01.2023 from the Sub Divisional Judicial Magistrate, Dera Bassi has been received through the District & Sessions Judge, SAS Nagar, with statements of the parties, in which, it has been mentioned that the compromise is genuine, voluntary and without any coercion or undue influence.

KUSUM 2023.03.15 18:10 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

CRM-M-54322-2022 -2The 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 Sub Divisional Judicial Magistrate, Dera Bassi accompanied by statement of both the parties, the instant petition is allowed. Consequently, the impugned FIR No. 183, dated 23.05.2021, under Sections 323, 324, 341, 506, 148, 149 of IPC registered with Police Station Dera Bassi on the basis of compromise dated 09.11.2022, qua the petitioners only.

(GURBIR SINGH) JUDGE 14.03.2023 kusum Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No KUSUM 2023.03.15 18:10 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD