High Court of Punjab and HaryanaCRM-M/57404/2023disposed of

Rajnish Sharma Alias Rocky And ANR. v. State Of Punjab And Others

2024-02-02Mr. Justice Jasjit Singh Bedi3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: February 02, 2024 Rajnish Sharma alias Rocky and another ...... Petitioners Vs.

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Rishma Verma, Advocate for the petitioners.

Mr. Kirat Singh Sidhu, DAG, Punjab Mr. Jasneet Mehra, Advocate for the respondents.

***** JASJIT SINGH BEDI, J. (Oral) CRM-3518-2024 The prayer in the present application under Section 482 Cr.PC.is for restoration of the case which was dismissed vide order dated 18.01.2024 by this Court for non-prosecution. For the reasons stated in the application, the same is allowed and the petition is restored to its original number and is taken up on the Board for hearing today itself.

CRM-M-57404-2023 The prayer in this petition is for quashing of the FIR No.55 dated 19.04.2017 under Sections 406, 420, 120-B IPC and Section 13 of

-2the Punjab Travel Professional Regulation Act, 2012 registered at Police Station Division No.4, Jalandhar and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2) entered into between the parties.

Vide order dated 16.11.2023 this Court had directed the parties to appear before the Illaqa Magistrate for getting their statements recorded with regard to the compromise (Annexure P-2) and 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 16.11.2024 passed by this Court, parties have appeared before the Court of the Civil Judge (Junior Division)- cum-JMIC, Jalandhar and as per its report dated 18.12.2023 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.

-3State 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 Civil Judge (Junior Division)-cum-JMIC, Jalandhar accompanied by the joint statements of both the parties, the present FIR No.55 dated 19.04.2017 under Sections 406, 420, 120-B IPC and Section 13 of the Punjab Travel Professional Regulation Act, 2012 registered at Police Station Division No.4, Jalandhar and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2) entered into between the parties, are hereby quashed.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE February 02, 2024 satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No