Punjab-Haryana High Court
Amandeep Kaur vs State Of Punjab And Another on 29 August, 2023
Neutral Citation No:=2023:PHHC:113324
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IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-26379-2023
Date of Decision:-29.08.2023
Amandeep Kaur.
......Petitioner.
Vs.
State of Punjab & Anr.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Prateek Pandit, Advocate for the Petitioner.
Mr. Harkanwar Jeet Singh, AAG Punjab.
Mr. Barjinder Singh, Advocate for the respondent no.2.
***
JASJIT SINGH BEDI, J.(ORAL)
The prayer in this petition is for quashing of FIR No.103 dated
28.08.2021 (Annexure P-1) under Sections 323, 452, 34 IPC registered at
P.S. Division No.3, District Jalandhar and all consequential proceedings
arising therefrom on the basis of compromise in the shape of affidavit dated
04.05.2023 (Annexure P-3) arrived at between the parties.
Vide order dated 24.05.2023 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 24.05.2023
with regard to the compromise dated 04.05.2023 (Annexure P-3).
In terms of the order dated 24.05.2023 passed by this Court
parties have appeared before the court of Sh. Parinder Singh, Additional
Chief Judicial Magistrate, Jalandhar and as per report dated 07.07.2023
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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. 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 petitioners, 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.
In view of the aforesaid report of the learned Additional Chief
Judicial Magistrate, Jalandhar accompanied by statements of both the
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parties, the FIR No.103 dated 28.08.2021 (Annexure P-1) under Sections
323, 452, 34 IPC registered at P.S. Division No.3, District Jalandhar and all
consequential proceedings arising therefrom are hereby quashed qua the
petitioner only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
August 29, 2023
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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