Punjab-Haryana High Court
Nirmal Singh And Ors vs State Of Punjab And Anr on 19 September, 2022
CRM-M-9050-2021 #1#
261
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-9050-2021
Date of Decision:-19.09.2022
NIRMAL SINGH & Ors.
......Petitioners.
Versus
State of Punjab & ANR
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Amit Arora, Advocate for the Petitioners.
Mr. Ravinder Singh, Asstt. A.G., Punjab.
Mr. Jagjeet Singh, Advocate for
respondent no.2.
***
JASJIT SINGH BEDI, J.(ORAL)
The prayer in this petition is for quashing of FIR No.131 dated
28.12.2021 (Annexure P-1) under Sections 324, 34 IPC, 1860 (Section 326
IPC added later on) registered at Police Station Jhabhal, District Tarn Taran
and all consequential proceedings as well as Judgment and Conviction
Order dated 27.03.2018 (Annexure P-2) passed by the learned Additional
Chief Judicial Magistrate, Tarn Taran vide which the petitioner stands
convicted under Sections 326, 324 read with Section 34 IPC, 1860, on the
basis of compromise dated 15.02.2021 (Annexure P-3) arrived at between
the parties.
Vide orders dated 25.02.2021/27.04.2021 this Court had
directed the parties to appear before Illaqa Magistrate for getting their
statements recorded in terms of certain parameters given in the aforesaid
orders dated 25.02.2021/27.04.2021 with regard to the compromise dated
15.02.2021 (P-3).
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CRM-M-9050-2021 #2#
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 orders dated 25.02.2021/27.04.2021 passed by
this Court, the parties have appeared before the Additional Chief Judicial
Magistrate, Tarn Taran and as per the report dated 28.05.2021 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 a genuine compromise without there being any pressure,
coercion or undue influence.
The Hon'ble Supreme Court in "Ramgopal and another versus
State of Madhya Pradesh, 2021(4) RCR (Criminal) 322", has held that in
non-compoundable cases of pre-dominantly private nature, even if
compromise is reached after conviction, the proceedings can be quashed
under Section 482 Cr.P.C. Further, the compromise in the present case is
found to be fully in consonance of judgments with the direction issued by
the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (3)
RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr.,
2012(4) RCR (Crl.) 543".
In view of the aforesaid report of the learned Additional Chief
Judicial Magistrate, Tarn Taran accompanied by statements of both the
parties, the FIR No.131 dated 28.12.2021 (Annexure P-1) under Sections
324, 34 IPC, 1860 (Section 326 IPC added later on) registered at Police
Station Jhabhal, District Tarn Taran along with all consequential
proceedings arising therefrom including the appeal proceedings pending qua
the judgment of conviction before the learned Additional Chief Judicial
Magistrate, Tarn Taran are hereby quashed qua the petitioners.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
September 19, 2022
JITESH
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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