Punjab-Haryana High Court
Rishabh Shah And Ors vs State Of Punjab And Another on 2 December, 2022
CRM-M-40562-2020 -1-
(230) IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-40562-2020
Date of decision : 02.12.2022
RISHABH SHAH & OTHERS
... Petitioners
Versus
STATE OF PUNJAB & ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Ms. Shubreet Kaur, Advocate for the petitioners.
Ms. Ramta Chaudhary, DAG, Punjab.
Mr. Rajesh Bansal, 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.183
dated 13.10.2019 registered under Sections 420 and 120-B IPC at
Police Station Division No.3, Police Commissionerate Ludhiana along
with all consequential proceedings arising therefrom on the basis of a
compromise arrived at between the parties.
Vide order dated 22.08.2022 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 30.08.2018 (P-1) 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 22.08.2022 passed by this Court,
the parties have appeared before the learned Judicial Magistrate, 1st
Class, Ludhiana and as per the report dated 11.11.2022 submitted to this
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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 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.
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Keeping in view the law laid down by this Court in the
aforementioned judgments and the report of the learned Judicial
Magistrate, 1st Class, Ludhiana the FIR No.183 dated 13.10.2019
registered under Sections 420 and 120-B IPC at Police Station Division
No.3, Police Commissionerate Ludhiana along with all the consequential
proceedings arising therefrom, are hereby quashed qua the petitioners
only.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
02.12.2022
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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