Punjab-Haryana High Court
Surinder Singh vs State Of Punjab And Others on 9 August, 2023
Neutral Citation No:=2023:PHHC:103065
2023:PHHC:103065
CRM-M-22985-2023 -1-
276
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-22985-2023
Date of decision :09.08.2023
SURINDER SINGH
... Petitioner(s)
Versus
STATE OF PUNJAB AND OTHERS
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Ms. Manpreet Kaur, Advocate for
Mr. A.S. Narang, Advocate
for the petitioner(s).
Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.
Mr. Narinder Saini, Advocate
for respondent Nos.2 and 3.
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.63
dated 05.05.2021 (Annexure P-1) registered under Sections 323, 325, 34
and 201 IPC, 1860 at Police Station Mullanpur Garibdas, District SAS
Nagar (Mohali) along with all consequential proceedings arising
therefrom on the basis of a compromise arrived at between the parties.
Vide order dated 08.05.2023 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 07.02.2023 (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 08.05.2023 passed by this Court,
the parties have appeared before the learned Judicial Magistrate, 1st
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Class, Kharar and as per the report dated 04.07.2023 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-
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 learned Judicial
Magistrate, 1st Class, Kharar accompanied by statements of both the
parties, the FIR No.63 dated 05.05.2021 (Annexure P-1) registered
under Sections 323, 325, 34 and 201 IPC, 1860 at Police Station
Mullanpur Garibdas, District SAS Nagar (Mohali) along with all
consequential proceedings arising therefrom are hereby quashed qua the
petitioner only.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
09.08.2023
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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