High Court of Punjab and HaryanaCRM-M/52897/2023disposed of

Mohammad Gulzar And Others v. State Of Punjab And Another

2024-03-07Mr. Justice Jasjit Singh Bedi2 pages

2024:PHHC: 033027

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-52897-2023 Date of decision: 07.03.2024 MOHAMMAD GULZAR AND OTHERS .... PETITIONER(S)

VERSUS

STATE OF PUNJAB AND ANOTHER ....RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Rahul Vohra, Advocate for the petitioner(s).

Mr. Mohit Saroha, AAG, Punjab.

Ms. Mona Goyal, Advocate for respondent No.2.

**** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of an FIR No.21 dated 21.02.2021 (Annexure P-1) registered under Sections 457, 380 and 109 of the IPC, 1860 at Police Station Sadar Bathinda along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the petitioner and respondent No.2. Vide order dated 18.10.2023 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 10.03.2021 (Annexure P-2). The Illaqa Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order. Pursuant to the order dated 18.10.2023 passed by this Court, the parties have appeared before the learned Judicial Magistrate Ist Class, KUSUM 2024.03.07 16:58 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

CRM-M-52897-2023 -2Bathinda and as per the report dated 05.03.2024 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 complaint 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, Bathinda accompanied by statements of both the parties, the FIR No.21 dated 21.02.2021 (Annexure P-1) registered under Sections 457, 380 and 109 of the IPC, 1860 at Police Station Sadar Bathinda along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

Petition stands disposed of.

(JASJIT SINGH BEDI) JUDGE 07.03.2024 Kusum Whether speaking/reasoned Yes/No Whether Reportable Yes/No KUSUM 2024.03.07 16:58 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD