Punjab-Haryana High Court
Ricky Chhabra vs U.T. And Another on 17 November, 2022
CRM-27778-2022 in/and CRM-M-30479-2022
-1-
(123+245) IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-27778-2022 in/and
CRM-M-30479-2022
Date of decision : 17.11.2022
RICKY CHHABRA
... Petitioners
Versus
U.T. AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Rahul Bhargava, Advocate for the petitioner.
Mr. Ankur Bali, Addl. P.P., U.T., Chandigarh.
Mr. P. Thakur, Advocate for
Ms. Arti Karu, 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.0097 dated 10.06.2022 (Annexure P-1) registered under Sections
420, 467, 468, 471, 120-B IPC at Police Station South, Sector-34,
Chandigarh along with all consequential proceedings arising therefrom
on the basis of a compromise arrived at between the parties.
Vide order dated 18.07.2022 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 11.07.2022 (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 18.07.2022 passed by this Court,
the parties have appeared before the learned Judicial Magistrate, 1st
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CRM-27778-2022 in/and CRM-M-30479-2022
Class, Chandigarh and as per the report dated 14.11.2022 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 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 and Bhoj Raj
Vs. State of Punjab & another, CRM-24945-2019 decided on
27.09.2019, submits that partial quashing of the FIR was possible on the
basis of a compromise.
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Vide letter dated 27.06.2022, the Bank has accepted that the
account of Mrs. Nenu Midha, House No.577, Sector-2, Panchkula,
Haryana-134109 stands closed under a Compromise Settlement /OTS on
20.06.2022 for total amount of Rs.75.00 lakhs. The copy of the
settlement letter is taken on record as 'Mark A'.
Keeping in view the law laid down by this Court in the
aforementioned judgments and the report of the learned Judicial
Magistrate, 1st Class, Chandigarh the FIR No.0097 dated 10.06.2022
(Annexure P-1) registered under Sections 420, 467, 468, 471, 120-B IPC
at Police Station South, Sector-34, Chandigarh along with all the
consequential proceedings arising therefrom, are hereby quashed qua the
petitioner only.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
17.11.2022
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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