Punjab-Haryana High Court
Pavitarpal Singh @ Nobi And Others vs State Of Punjab And Others on 7 August, 2023
Neutral Citation No:=2023:PHHC:101592
2023:PHHC:101592
CRM-M-25018-2023 -1-
275
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-25018-2023
Date of decision :07.08.2023
PAVITARPAL SINGH @ NOBI & OTHERS
... Petitioner(s)
Versus
STATE OF PUNJAB AND OTHERS
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Ms. B.K. Bhangu, Advocate for
Mr. H.S. Mann, Advocate
for the petitioner(s).
Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.
Mr. Barjinder Singh, Advocate
for respondent Nos.2 and 4.
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR
No.0036 dated 14.05.2021 (Annexure P-1) registered under Sections
324, 323, 506, 148 and 149 IPC at Police Station Verowal, District Tarn
Taran along with all consequential proceedings arising therefrom on the
basis of a compromise arrived at between the parties.
Vide order dated 17.05.2023 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 25.11.2022 (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 17.05.2023 passed by this Court,
the parties have appeared before the Sub Divisional Judicial Magistrate,
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Khadur Sahib and as per the report dated 12.06.2023 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, 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-
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2023:PHHC:101592
M-20355-2022, decided on 25.07.2022 submits that partial quashing of
the FIR was possible on the basis of a compromise.
In view of the aforesaid report of the learned Sub Divisional
Judicial Magistrate, Khadur Sahib accompanied by statements of both
the parties, the FIR No.0036 dated 14.05.2021 (Annexure P-1) registered
under Sections 324, 323, 506, 148 and 149 IPC at Police Station
Verowal, District Tarn Taran along with all consequential proceedings
arising therefrom are hereby quashed qua the petitioners.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
07.08.2023
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
Neutral Citation No:=2023:PHHC:101592
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