Punjab-Haryana High Court
Balwinder Singh Cheema vs State Of Punjab And Anr on 14 March, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:037477
2024:PHHC:037477
CRM-M-64309-2023 (O & M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-64309-2023 (O&M)
Date of decision:14.03.2024
Balwinder Singh Cheema
... Petitioner
V/s
State of Punjab and anr.
... Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Ruhani Chadha, Advocate,
for the petitioner.
Mr. Mohit Saroha, AAG, Punjab.
Mr. Lakshay Bector, Advocate, for
respondent No.2.
*****
JASJIT SINGH BEDI, J. (Oral)
1. The prayer in this petition is for quashing of FIR No.51 dated 04.05.2022 under Sections 420 and 120-B IPC and Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014 registered at Police Station Mukerian, District Hoshiarpur against the petitioner and all the consequent/subsequent proceedings arising therefrom on the basis of a compromise dated 13.12.2023 (Annexure P-2) arrived at between the parties.
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Neutral Citation No:=2024:PHHC:037477
2024:PHHC:037477
CRM-M-64309-2023 (O & M) ::2::
2. Vide order dated 20.12.2023 this Court had directed the parties to appear before 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.
3. Pursuant to the order dated 20.12.2023 passed by this Court, the parties have appeared before the Sub Divisional Judicial Magistrate, Mukerian and as per the report dated 07.02.2024 submitted to this Court, both the parties have got recorded their respective statements in Court and the entire payment stands made.
4. A perusal of the aforesaid report would show that the parties have 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".
5. Further, the learned counsel for the petitioner, while placing reliance upon the judgments passed by the Hon'ble Supreme Court in 2 of 3 ::: Downloaded on - 16-03-2024 13:56:15 ::: Neutral Citation No:=2024:PHHC:037477 2024:PHHC:037477 CRM-M-64309-2023 (O & M) ::3::
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, CRMM-20355-2022, decided on 25.07.2022 submits that partial quashing of the FIR was possible on the basis of a compromise.
6. Keeping in view the law laid down by this Court in the aforementioned judgments and the report of the Sub Divisional Judicial Magistrate, Mukerian, FIR No.51 dated 04.05.2022 under Sections 420 and 120-B IPC and Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014 registered at Police Station Mukerian, District Hoshiarpur, alongwith all the consequent/subsequent proceedings arising therefrom, are hereby quashed qua the petitioner only.
7. Petition stands disposed of.
( JASJIT SINGH BEDI)
JUDGE
March 14, 2024
dinesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:037477
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