Punjab-Haryana High Court
Surinder Singh @ Shinda And Ors vs State Of Punjab And Ors on 14 December, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-31908-2021 (O & M)
Date of decision: 14.12.2022
Surinder Singh @ Shinda Singh and ors. ...... Petitioners
V/s
State of Punjab and ors.
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Mohit Singla, Advocate,
for the petitioners.
Ms. Ramta Chaudhary, DAG, Punjab.
Mr. Brahmjeet Singh, Advocate,
for the complainant/respondents No.2 to 4.
*****
JASJIT SINGH BEDI, J. (Oral)
The prayer in this petition under Section 482 Cr.P.C. is for
quashing of FIR No.78 dated 22.07.2020 under Sections
382/325/324/323/341/427/506/148/149 IPC and Sections 25/27 of the Arms
Act registered at Police Station Bhindi Saidan, District Amritsar and all
other consequential proceedings arising therefrom on the basis of a
compromise dated 17.06.2021 (Annexure P-3).
Vide order dated 20.09.2021 this Court had directed the parties
to appear before Illaqa Magistrate for getting their statements recorded with
regard to the compromise (Annexure P-23 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 20.09.2021 passed by this Court, the
parties have appeared before the Judicial Magistrate Ist Class, Ajnala and as
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CRM-M-31908-2021 (O & M) ::2::
per the report dated 08.02.2022 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 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, CRMM-20355-2022, decided on
25.07.2022 and Kuldeep Singh & another Versus State of Punjab &
another, CRM-M-40546-2018, decided on 10.07.2019 submits that partial
quashing of the FIR was possible on the basis of a compromise.
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CRM-M-31908-2021 (O & M) ::3::
Keeping in view the law laid down by this Court in the
aforementioned judgments and the report of the Judicial Magistrate Ist
Class, Ajnala, the FIR No. 78 dated 22.07.2020 under Sections
382/325/324/323/341/427/506/148/149 IPC and Sections 25/27 of the Arms
Act registered at Police Station Bhindi Saidan, District Amritsar along with
all the consequential proceedings arising therefrom, are hereby quashed qua
the petitioners only.
Petition stands disposed of.
( JASJIT SINGH BEDI)
December 14, 2022 JUDGE
sukhpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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