Punjab-Haryana High Court
Bhedda @ Ravi Khanna And Others vs State Of Punjab And Another on 7 March, 2022
CRM-M-45963-2019 -1-
(228) IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-45963-2019
Date of decision :.07.03.2022
Bhedda @ Ravi Khanna & others
... Petitioners
Versus
State of Punjab & & Anr.
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Sanjeev Roy, Advocate for the petitioners.
Mr. Sidakmeet Singh Sandhu, DAG, Punjab.
Mr. J.S. Dadwal, Advocate for respondent No.2.
(Through Video Conferencing)
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JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.145
dated 10.09.2014 (Annexure P-1) registered under Sections 324, 326,
451, 148 and 149 IPC, 1860 (Sections 307 & 452 deleted and Sections
326 and 451 IPC added later on) Police Station Division No.8, District
Jalandhar City, along with all the consequential proceedings arising
therefrom, on the basis of a compromise dated 03.10.2019 (Annexure
P-2) arrived at between the petitioner and respondent No.2.
Vide order dated 29.10.2019 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 03.10.2019 (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.
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Pursuant to the order dated 29.10.2019 passed by a
Coordinate Bench of this Court, the parties have appeared before the
learned Judicial Magistrate, 1st Class, Jalandhar and as per the report
dated 28.01.2020 submitted to this Court, both the parties have got
recorded their respective statements in Court. It is stated in the report
that one of the accused, namely, Pawan Kumar, has been declared as a
proclaimed person on 25.02.2016.
At this stage, the learned counsel for the petitioners, while
placing reliance upon the judgments passed by 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 and 'Bhoj Raj Vs. State of
Punjab & another', CRM-24945-2019 decided on 27.09.2019, submits
that partial quashing of the FIR, may be done, on the basis of
compromise.
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.
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State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs.
State of Punjab & Anr., 2012(4) RCR (Crl.) 543".
Keeping in view the law laid down by this Court in the
aforementioned judgments and the report of the learned Judicial
Magistrate, 1st Class, the FIR No.145 dated 10.09.2014 (P-1) registered
under Sections 324, 326, 451, 148 and 149 IPC, (Sections 307 & 452
deleted and Sections 326 and 451 IPC added later on) Police Station
Division No.8, District Jalandhar City, along with all the consequential
proceedings arising therefrom, are hereby quashed qua the petitioners
only.
However, it is made clear that the proceedings qua accused-
Pawan Kumar, who has been declared as a proclaimed person, shall
continue.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
07.03.2022
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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