Punjab-Haryana High Court
Karanbir Singh vs State Of Punjab And Others on 28 August, 2023
Neutral Citation No:=2023:PHHC:112685
2023:PHHC:112685
CRM-M-27384-2023 -1-
282
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-27384-2023
Date of decision :28.08.2023
KARANBIR SINGH
... Petitioner(s)
Versus
STATE OF PUNJAB AND OTHERS
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Ms. Riffi Birla, Advocate for
Ms. Ravinder Kaur Sohal, Advocate
for the petitioner(s).
Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.
Ms. Nandini Gupta, Advocate for
Mr. Abhilaksh Grover, Advocate
for respondent Nos.2 and 3.
****
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.190
dated 25.08.2021 (Annexure P-1) registered under Sections 454, 448, 34
IPC, 1860 (Sections 419, 467, 468, 471 and 120-B added later on) at
Police Station Mataur, District SAS Nagar along with all consequential
proceedings arising therefrom on the basis of a compromise arrived at
between the parties.
Vide order dated 29.05.2023 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 15.05.2023 (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.
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Neutral Citation No:=2023:PHHC:112685
2023:PHHC:112685
Pursuant to the order dated 29.05.2023 passed by this Court,
the parties have appeared before the learned Additional Chief Judicial
Magistrate, SAS Nagar, Mohali and as per the report dated 24.07.2023
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-
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Neutral Citation No:=2023:PHHC:112685
2023:PHHC:112685
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 Additional
Chief Judicial Magistrate, SAS Nagar, Mohali accompanied by
statements of both the parties, the FIR No.190 dated 25.08.2021
(Annexure P-1) registered under Sections 454, 448, 34 IPC, 1860
(Sections 419, 467, 468, 471 and 120-B added later on) at Police Station
Mataur, District SAS Nagar along with all consequential proceedings
arising therefrom are hereby quashed qua the petitioner.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
28.08.2023
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
Neutral Citation No:=2023:PHHC:112685
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