Prabhat Ranjan Kumar vs State Of Punjab And Ors

Punjab-Haryana High Court

Prabhat Ranjan Kumar vs State Of Punjab And Ors on 9 May, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                         Neutral Citation No:=2024:PHHC:064589



CRM-M-63828-2023                 #1#

        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH.


                                                           CRM-M-63828-2023

                                                  Date of Decision:-09.05.2024
Prabhat Ranjan Kumar.

                                                                     ......Petitioner.
                                        Vs.

State of Punjab & Ors.

                                                                  ......Respondents.

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:-      Mr. Vivek Salathia, Advocate for the Petitioner.

               Mr. Harkanwar Jeet Singh, AAG Punjab.

               Mr. Aayushi Jindal, Advocate for
               Mr. Umesh Aggarwal, Advocate for the respondent no.2.

                                  ***

JASJIT SINGH BEDI, J.(ORAL)

The present petition has been filed for quashing of the FIR No.0065 dated 27.03.2019 (Annexure P-1) registered under Sections 420, 465, 467, 468, 471 IPC at Police Station Civil Lines, District Police Commissionerate, Amritsar and all consequential proceedings arising therefrom, on the basis of compromise dated 13.12.2023 (Annexure P-2) entered into between the parties.

The Counsel for the petitioner clarifies that respondent no.4- Rahul Kumar son of Kishan Kumar is in fact an co-accused along with the petitioner. He was erroneously made as party respondent no.4. In fact, he is untraceable.

Vide order dated 04.01.2024 this Court had directed the parties 1 of 3 ::: Downloaded on - 11-05-2024 11:42:55 ::: Neutral Citation No:=2024:PHHC:064589 CRM-M-63828-2023 #2# to appear before Illaqa Magistrate for getting their statements recorded in terms of certain parameters given in the aforesaid order dated 04.01.2024 with regard to the compromise dated 13.12.2023 (Annexure P-2).

In terms of the order dated 04.01.2024 passed by this Court parties have appeared before the court of Judicial Magistrate Ist Class, Amritsar and as per report dated 16.04.2024 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 & 2 of 3 ::: Downloaded on - 11-05-2024 11:42:56 ::: Neutral Citation No:=2024:PHHC:064589 CRM-M-63828-2023 #3# 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 Ist Class, Amritsar accompanied by statements of both the parties, the FIR No.0065 dated 27.03.2019 (Annexure P-1) registered under Sections 420, 465, 467, 468, 471 IPC at Police Station Civil Lines, District Police Commissionerate, Amritsar and all consequential proceedings arising therefrom are hereby quashed qua the petitioner only.

Petition stands disposed of.

                                                   ( JASJIT SINGH BEDI )
                                                        JUDGE
May 09, 2024
Vinay
        Whether speaking/reasoned                        Yes/No
        Whether reportable                               Yes/No




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