Punjab-Haryana High Court
Dharamvir vs State Of Haryana And Another on 4 December, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2023:PHHC:155310
CRM-M-49929-2023(O&M) -1-
2023:PHHC:155310
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
CRM-M-49929-2023 (O&M)
Date of Decision:-December 04, 2023
Dharamvir ......Petitioner
Vs.
State of Haryana & another ......Respondents
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr.Ashwani Kumar Antil, Advocate
for the petitioner
Mr. Harkanwar Jeet Singh, AAG Punjab.
Mr. Deepak Chaudhary, Advocate
for the Complainant.
***
JASJIT SINGH BEDI, J. (Oral)
The present petition has been filed for quashing of
FIR No.245 dated 19.10.2022 under Sections 406 and 420 IPC registered
at Police Station Buria, District Yamuna Nagar, qua the petitioner, and all
other consequential proceedings arising therefrom, on the basis of
compromise dated 11.10.2022 (Annexure P-3) entered into between the
parties.
Vide order dated 04.10.2023 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
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dated 04.10.2023 with regard to the compromise dated 19.09.2023
(Annexure P-2).
In terms of the order dated 04.10.2023 passed by this Court
parties have appeared before the Court of Mr. Ravinder Singh, Judicial
Magistrate 1st Class, Yamuna Nagar and as per report dated 04.11.2023
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 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 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,
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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 Judicial
Magistrate 1st Class, Yamuna Nagar accompanied by statements of the
parties, the FIR No.0245 dated 19.10.2022 under Sections 406 and 420
IPC registered at Police Station Buria, District Yamuna Nagar and all
consequential proceedings arising therefrom are hereby quashed qua
petitioner-Dharamvir only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
December 04, 2023
satish
Whether speaking/reasoned : YES / NO
Whether reportable : YES / NO
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