Punjab-Haryana High Court
Ashok Kumar Mandal vs State Of Haryana And Another on 15 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC:049928
CRM-M-58077-2023 - 1-
285 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
CRM-M-58077-2023
Date of Decision : April 15, 2024
Ashok Kumar Mandal ......Petitioner
Vs.
State of Haryana and another ......Respondents
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Vivek Suri, Advocate for the petitioner.
Mr. Mohit Saroha, AAG, Punjab.
Ms. Vishal Jassal, Advocate for respondent No.2.
***
JASJIT SINGH BEDI, J.(ORAL)
The present petition has been filed for quashing of FIR No.58 dated 15.11.2022 (Annexure P-1) under Sections 420, 467, 120-B IPC registered at Police Station Cuber Police Station, Rohtak and all other consequential proceedings arising therefrom, on the basis of compromise dated 05.11.2023 (Annexure P-2) entered into between the parties.
Vide order dated 20.11.2023 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded in terms of certain parameters given in the aforesaid order dated 20.11.2023 with regard to the compromise dated 05.11.2023 (Annexure P-2).
SATISH KUMAR 2024.04.15 17:07 I attest to the accuracy and integrity of this document High Court Chandigarh 2024:PHHC:049928 CRM-M-58077-2023 - 2-
In terms of the order dated 20.11.2023 passed by this Court parties have appeared before the court of the Chief Judicial Magistrate, Rohtak and as per report dated 30.01.2024 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".
Further, the learned counsel for the petitioners, while placing reliance upon the judgments passed by the Hon'ble Supreme Court in Jayrajsinh Digvijaysinh Rana Versus State of Gujarat and another, 2012(4) R.C.R. (Criminal) 589 and this Court in Joginder Singh & another Vs. State of Punjab and another, CRM-M-23739- 2010 decided on 27.04.2011, Rajinder Singh Vs. State of Punjab SATISH KUMAR 2024.04.15 17:07 I attest to the accuracy and integrity of this document High Court Chandigarh 2024:PHHC:049928 CRM-M-58077-2023 - 3- & another, CRM-M-37395-2016 decided on 16.05.2017, Bhoj Raj Vs. State of Punjab & another, CRM-24945-2019 decided on 27.09.2019 and Vimal Kalra & others Versus State of Punjab & another, CRM-M-20355-2022, decided on 25.07.2022 submits that partial quashing of the FIR was possible on the basis of a compromise.
In view of the aforesaid report of the Chief Judicial Magistrate, Rohtak accompanied by statements of both the parties, the FIR No.58 dated 15.11.2022 (Annexure P-1) under Sections 420, 467, 120-B IPC registered at Police Station Cuber Police Station, Rohtak and all consequential proceedings arising therefrom on the basis of compromise dated 05.11.2023 (Annexure P-2) are hereby quashed qua the petitioner only.
Petition stands disposed of.
( JASJIT SINGH BEDI ) JUDGE April 15, 2024 satish Whether speaking/reasoned : YES / NO Whether reportable : YES / NO SATISH KUMAR 2024.04.15 17:07 I attest to the accuracy and integrity of this document High Court Chandigarh