Puneet Yadav And Another vs State Of Punjab And Another

Punjab-Haryana High Court

Puneet Yadav And Another vs State Of Punjab And Another on 6 May, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                 Neutral Citation No:=2024:PHHC:062160




283                                                  2024:PHHC:062160
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH
                                CRM-M-62362-2023
                               Date of decision : 06.05.2024

PUNEET YADAV AND ANOTHER
                                                            ... Petitioner(s)
                                   Versus
STATE OF PUNJAB AND ANOTHER
                                                           ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:     Mr. Prashant Singh Chauhan, Advocate
             for the petitioner(s).

             Mr. Vinay Kumar, DAG, Punjab.

          Mr. Vishal Walia, Advocate
          for respondent No.2.
                 ****
JASJIT SINGH BEDI, J. (ORAL)

The prayer in this petition is for quashing of an FIR No.0155 dated 18.05.2023 (Annexure P-1) registered under Sections 323, 325, 308, 341, 506, 148 and 149 IPC (Section 308 IPC now deleted) at Police Station Kharar, District SAS Nagar along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the parties.

Vide order dated 12.12.2023 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 29.11.2023 (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 12.12.2023 passed by this Court, the parties have appeared before the learned Judicial Magistrate, 1st Class, Kharar and as per the report dated 04.05.2024 submitted to this 1 of 3 ::: Downloaded on - 08-05-2024 03:34:30 ::: Neutral Citation No:=2024:PHHC:062160 2024:PHHC:062160 CRM-M-62362-2023 -2- 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 - 08-05-2024 03:34:31 ::: Neutral Citation No:=2024:PHHC:062160 2024:PHHC:062160 CRM-M-62362-2023 -3- In view of the aforesaid report of the learned Judicial Magistrate, 1st Class, Kharar accompanied by statements of both the parties, the FIR No.0155 dated 18.05.2023 (Annexure P-1) registered under Sections 323, 325, 308, 341, 506, 148 and 149 IPC (Section 308 IPC now deleted) at Police Station Kharar, District SAS Nagar along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners only.

Petition stands disposed of.

(JASJIT SINGH BEDI) JUDGE 06.05.2024 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No 3 of 3 ::: Downloaded on - 08-05-2024 03:34:31 :::