Punjab-Haryana High Court
Chander Mohan @ Bhola vs State Of Punjab And Another on 19 March, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:039148
CRM-M-57861-2023 #1# 2024:PHHC:039148
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-57861-2023
Date of Decision:-19.03.2024
Chander Mohan @ Bhola.
......Petitioner.
Vs.
State of Punjab & Anr.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Shakti Mehta, Advocate for the Petitioners.
Mr. Mohit Saroha, AAG Punjab.
Mr. Vipul Sachdeva, Advocate for the respondent no.2.
***
JASJIT SINGH BEDI, J.(ORAL)
The present petition has been filed for quashing of the FIR No.0045 dated 11.07.2020 (Annexure P-1) registered under Sections 420, 465, 467, 468, 471, 120-B IPC, 201 IPC (Added later on) at Police Station Bajakhana, District Faridkot and all consequential proceedings arising therefrom, on the basis of compromise dated 05.10.2023 (Annexure P-2) entered into between the parties.
Vide order dated 17.11.2023 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 17.11.2023 with regard to the compromise dated 05.10.2023 (Annexure P-2).
In terms of the order dated 17.11.2023 passed by this Court 1 of 3 ::: Downloaded on - 20-03-2024 07:02:56 ::: Neutral Citation No:=2024:PHHC:039148 CRM-M-57861-2023 #2# 2024:PHHC:039148 parties have appeared before the court of Chandan, Judicial Magistrate Ist Class, Faridkot and as per report dated 03.02.2024 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 & 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 learned Judicial Magistrate 2 of 3 ::: Downloaded on - 20-03-2024 07:02:57 ::: Neutral Citation No:=2024:PHHC:039148 CRM-M-57861-2023 #3# 2024:PHHC:039148 Ist Class, Faridkot accompanied by statements of both the parties, the FIR No.0045 dated 11.07.2020 (Annexure P-1) registered under Sections 420, 465, 467, 468, 471, 120-B IPC, 201 IPC (Added later on) at Police Station Bajakhana, District Faridkot and all consequential proceedings arising therefrom are hereby quashed qua the petitioner only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
March 19, 2024
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
3 of 3
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