Punjab-Haryana High Court
Deepak And Anr vs State Of Haryana And Another on 15 March, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC: 037585
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
256 CRM-M-7067-2024
Date of decision: 15.03.2024
DEEPAK AND ANR .... PETITIONER(S)
VERSUS
STATE OF HARYANA AND ANOTHER ...RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Vikas Lochab, Advocate
for the petitioner(s).
Mr. Rajiv Goel, DAG, Haryana.
Mr. Arvind K. Yadav, Advocate
for respondent No.2.
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JASJIT SINGH BEDI, J. (Oral)
The prayer in this petition is for quashing of an FIR No.0475 dated 05.07.2023 (Annexure P-1) registered under Sections 406, 420 of the IPC, 1860 at Police Station City Narnaul, District Mahendergarh (Annexure P-1) along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the petitioners and respondent No.2.
Vide order dated 09.02.2024 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 23.01.2024 (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 09.02.2024 passed by this Court, the parties have appeared before the learned Chief Judicial Magistrate, Narnaul KUSUM 2024.03.15 15:21 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD CRM-M-7067-2024 -2- and as per the report dated 11.03.2024 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 Chief Judicial Magistrate, Narnaul accompanied by statements of both the parties, the FIR No.0475 dated 05.07.2023 (Annexure P-1) registered under Sections 406, 420 of the IPC, 1860 at Police Station City Narnaul, District Mahendergarh (Annexure P-1) along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
15.03.2024
Kusum
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
KUSUM
2024.03.15 15:21
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD