Rajneesh Khattar vs State Of Punjab And Anr
2023 Latest Caselaw 11958 P&H

                                                   Neutral Citation No:=2023:PHHC:100847




                                                          2023:PHHC:100847

 CRM-M-53433-2021                                                -1-

241
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
                                      CRM-M-53433-2021
                                Date of decision :04.08.2023

RAJNEESH KHATTAR
                                                             ... Petitioner(s)
                                    Versus
STATE OF PUNJAB AND ANOTHER
                                                            ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:     Mr. ADS Sukhija, Advocate
             for the petitioner(s).

             Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.

             Mr. Ajay Madan in person respondent No.2.

JASJIT SINGH BEDI, J. (ORAL)

The prayer in this petition is for quashing of an FIR No.51

dated 02.02.2007 (Annexure P-1) registered under Sections 406 and 34

IPC, 1860 at Police Station Sadar Patiala, District Patiala along with all

consequential proceedings arising therefrom on the basis of a

compromise arrived at between the parties.

Vide order dated 01.04.2022 this Court had directed the

parties to appear before Illaqa Magistrate for getting their statements

recorded with regard to the compromise dated 30.11.2013 (P-7) 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 01.04.2022 passed by this Court,

the parties have appeared before the Additional Chief Judicial

Magistrate, Patiala and as per the report dated 23.02.2023 submitted to

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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, Bhoj Raj Vs.

State of Punjab & another, CRM-24945-2019 decided on 27.09.2019

and Vimal Kalra & others Versus State of Punjab & another, CRM-

M-20355-2022, decided on 25.07.2022 submits that partial quashing of

the FIR was possible on the basis of a compromise.

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In view of the aforesaid report of the Additional Chief

Judicial Magistrate, Patiala accompanied by statements of both the

parties, the FIR No.51 dated 02.02.2007 (Annexure P-1) registered under

Sections 406 and 34 IPC, 1860 at Police Station Sadar Patiala, District

Patiala along with all consequential proceedings arising therefrom are

hereby quashed qua the petitioner.

Petition stands disposed of.

(JASJIT SINGH BEDI) JUDGE 04.08.2023 JITESH

Whether speaking/reasoned:- Yes/No

Whether reportable:- Yes/No

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