Punjab-Haryana High Court
Gurdeep Singh @ Babla Singh And Others vs State Of Punjab And Another on 20 December, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRM-M-50293-2023 1 2023:PHHC: 163987
THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
257 CRM-M-50293-2023
Date of Decision:-20.12.2023
GURDEEP SINGH @ BABLA SINGH & ORS.
......PETITIONER(S)
VERSUS
STATE OF PUNJAB AND ANOTHER
......RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Ramandeep, Advocate
for the petitioner(s).
Mr. Mohit Thakur, AAG, Punjab.
Mr. G.S. Bains, Advocate
for respondent No.2.
****
JASJIT SINGH BEDI, J. (Oral)
The prayer in this petition is for quashing of an FIR No.0206
dated 25.11.2023 registered under Sections 323, 341, 342, 506, 148 and 149
of the IPC, 1860 at Police Station Samana, District Patiala (Annexure P-1)
along with all consequential proceedings arising therefrom on the basis of a
compromise arrived at between the petitioners and respondent No.2.
Vide order dated 05.10.2023 this Court had directed the parties
to appear before Illaqa Magistrate for getting their statements recorded with
regard to the compromise dated 21.07.2023 (Annexure P-2).
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 05.10.2023 passed by this Court,
the parties have appeared before the learned Judicial Magistrate First Class,
Samana, District Patiala and as per the report dated 15.11.2023 submitted to
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
CRM-M-50293-2023 2 2023:PHHC: 163987
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 complaint 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".
In view of the aforesaid report of the learned Judicial
Magistrate First Class, Samana, District Patiala accompanied by statements
of both the parties, the FIR No.0206 dated 25.11.2023 registered under
Sections 323, 341, 342, 506, 148 and 149 of the IPC, 1860 at Police Station
Samana, District Patiala (Annexure P-1) along with all consequential
proceedings arising therefrom are hereby quashed qua the petitioners.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
20.12.2023
KUSUM
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
