Amandeep Singh vs State Of Punjab And Ors
2022 Latest Caselaw 16519 P&H

CRM-M-11044-2021                                             -1-

  (259) IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                               CRM-M-11044-2021
                                             Date of decision : 12.12.2022
AMANDEEP SINGH
                                                             ... Petitioner
                                    Versus
STATE OF PUNJAB & ANOTHER
                                                          ...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:     Mr. Dhruv Khanna, Advocate for
             Mr. SPS Aulakh, Advocate for the petitioners.

             Ms. Ramta Chaudhary, DAG, Punjab.

             Mr. P.S. Toor, Advocate for respondent No.2.
             ****

JASJIT SINGH BEDI, J. (ORAL)

The prayer in this petition is for quashing of an FIR No.224

dated 30.07.2007 (Annexure P-1) registered under Section 382 IPC at

Police Station Payal, District Ludhiana along with all consequential

proceedings arising therefrom on the basis of a compromise arrived at

between the parties.

Vide order dated 12.09.2022 this Court had directed the

parties to appear before Illaqa Magistrate for getting their statements

recorded with regard to the compromise dated 16.02.2020 (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 12.09.2022 passed by this Court,

the parties have appeared before the learned Sub Divisional Judicial

Magistrate, Payal and as per the report dated 09.12.2022 submitted to

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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 ,

Vimal Kalra & others Versus State of Punjab & another, CRM-M-

20355-2022, decided on 25.07.2022 and Kuldeep Singh & another

Versus State of Punjab & another, CRM-M-40546-2018, decided on

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10.07.2019 submits that partial quashing of the FIR was possible on the

basis of a compromise.

Keeping in view the law laid down by this Court in the

aforementioned judgments and the report of the learned Sub Divisional

Judicial Magistrate, Payal, the FIR No.224 dated 30.07.2007 (Annexure

P-1) registered under Section 382 IPC at Police Station Payal, District

Ludhiana along with all the consequential proceedings arising therefrom,

are hereby quashed qua the petitioner only.

Petition stands disposed of.

(JASJIT SINGH BEDI) JUDGE 12.12.2022 JITESH

Whether speaking/reasoned:- Yes/No

Whether reportable:- Yes/No

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