Punjab-Haryana High Court
Baldev Singh And Others vs State Of Punjab And Others on 23 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:054687
289 2024:PHHC:054687
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-57872-2023
Date of decision :23.04.2024
BALDEV SINGH AND OTHERS
... Petitioner(s)
Versus
STATE OF PUNJAB AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Ashish Nagar, Advocate
for the petitioner(s).
Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.
Mr. Shubham Mirok, Advocate for
Mr. Gurshabad Singh Sandhu, Advocate
for the complainant.
****
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.0046 dated 03.06.2023 (Annexure P-1) registered under Sections 427, 506, 148, 149 IPC at Police Station Rahon, District SBS Nagar along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the parties.
Vide orders dated 17.11.2023/11.01.2024 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 16.08.2023 (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 orders dated 17.11.2023/11.01.2024 passed by this Court, the parties have appeared before the Addl. Chief Judicial Magistrate, SBS Nagar and as per the report dated 19.04.2024 submitted to this Court, both the parties have got recorded their respective statements in Court.
1 of 3 ::: Downloaded on - 24-04-2024 06:10:47 ::: Neutral Citation No:=2024:PHHC:054687 2024:PHHC:054687 CRM-M-57872-2023 -2- A perusal of the aforesaid report would show that the parties have a effected 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 petitioner, 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 & 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 Addl. Chief Judicial Magistrate, SBS Nagar accompanied by statements of both the parties, the FIR No.0046 dated 03.06.2023 (Annexure P-1) registered under 2 of 3 ::: Downloaded on - 24-04-2024 06:10:48 ::: Neutral Citation No:=2024:PHHC:054687 2024:PHHC:054687 CRM-M-57872-2023 -3- Sections 427, 506, 148, 149 IPC at Police Station Rahon, District SBS Nagar along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners only.
Petition stands disposed of.
(JASJIT SINGH BEDI) JUDGE 23.04.2024 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No 3 of 3 ::: Downloaded on - 24-04-2024 06:10:48 :::