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Punjab-Haryana High Court
Jora Singh And Ors vs State Of Haryana And Another on 9 May, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:064834
274
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-49434-2021
Date of decision : 09.05.2024
JORA SINGH AND ORS
... Petitioner(s)
Versus
STATE OF HARYANA AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Priyavrat Parashar, Advocate
for the petitioner(s).
Ms. Aditi Girdhar, Asstt. A.G., Haryana.
Ms. Pearl Narang, Advocate for
Mr. Neeraj Goel, Advocate
for respondent No.2.
****
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.45 dated 08.03.2016 (Annexure P-1) registered under Sections 148, 149, 395, 436 and 506 IPC, 1860 at Police Station Kalayat, Kaithal, Haryana along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the parties.
Vide order dated 26.11.2021 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 10.03.2016 (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 order dated 26.11.2021 passed by this Court, the parties have appeared before the District and Sessions Judge, Kaithal 1 of 3 ::: Downloaded on - 11-05-2024 11:49:21 ::: Neutral Citation No:=2024:PHHC:064834 CRM-M-49434-2021 -2- and as per the report dated 21.12.2021 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 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.
2 of 3 ::: Downloaded on - 11-05-2024 11:49:21 ::: Neutral Citation No:=2024:PHHC:064834 CRM-M-49434-2021 -3- In view of the aforesaid report of the District and Sessions Judge, Kaithal accompanied by statements of both the parties, the FIR No.45 dated 08.03.2016 (Annexure P-1) registered under Sections 148, 149, 395, 436 and 506 IPC, 1860 at Police Station Kalayat, Kaithal, Haryana along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.
Petition stands disposed of.
(JASJIT SINGH BEDI) JUDGE 09.05.2024 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No 3 of 3 ::: Downloaded on - 11-05-2024 11:49:21 :::