Punjab-Haryana High Court
Surinder Kumar @ Kala And Ors vs State Of Punjab And Others on 22 September, 2022
CRM-M-30216-2022 #1#
272
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-30216-2022
Date of Decision:-22.09.2022
Surinder Kumar @ Kala & Ors.
......Petitioners.
Versus
State of Punjab & Ors.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Arunjeet Singh Kakkar, Advocate for the Petitioners.
Mr. Ravinder Singh, Assistant Advocate General, Punjab.
Mr. Munish Raj Chaudhary, Advocate for
respondent nos.2 to 11.
***
JASJIT SINGH BEDI, J.(ORAL)
The Prayer in this petition is for quashing of FIR No.21 dated
21.03.2021 (Annexure P-1) under Sections 326, 325, 324, 148 and 149 IPC
at Police Station Jaito, District Faridkot and all consequential proceedings
as well as Judgment and Conviction Order dated 26.08.2019 (Annexure P-
2) passed by ld. Sub Divisional Judicial Magistrate, Jaitu, on the basis of
compromise dated 18.05.2022 (Annexure P-3) arrived at between the
parties.
A reply dated 21.09.2022 has been filed on behalf of
respondent No.1-State by the learned State counsel by way of an affidavit of
Avtar Singh, PPS, Deputy Superintendent of Police, Sub Division, Jaitu and
the same is taken on record.
Vide order dated 18.07.2022 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 order dated 18.07.2022
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CRM-M-30216-2022 #2#
with regard to the compromise dated 18.05.2022 (P-3).
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 Sub Divisional Judicial
Magistrate, Jaitu and as per the report dated 02.09.2022 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 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 Sub Divisional
Judicial Magistrate, Jaitu, accompanied by statements of both the parties,
the FIR No.21 dated 21.03.2021 (Annexure P-1) under Sections 326, 325,
324, 148 and 149 IPC at Police Station Jaito, District Faridkot along with all
consequential proceedings arising therefrom including the appeal
proceedings pending qua the judgment of conviction dated 26.08.2019
(Annexure P-2) passed by the ld. Sub Divisional Judicial Magistrate, Jaitu
are hereby quashed qua the petitioners.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
September 22, 2022
Jitesh
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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