Sarbjit Kaur Adn Others vs State Of Punjab And Another
2023 Latest Caselaw 273 P&H

CRM-M-37322-2021                                                 --1--

     234 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                              CHANDIGARH

                                CRM-M-37322-2021
                                DATE OF DECISION:-09.01.2023

Sarbjit Kaur and others                                          ...Petitioners.
                               vs.

State of Punjab and another                                      ...Respondents..

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. Bhupinder Banga, Advocate for the petitioners.

           Mr. Ravinder Singh, AAG, Punjab.

           Mr. Imran Ali, Advocate for respondent No.2.
           ****

HARKESH MANUJA, J.

By way of present petition under Section 482 Cr.P.C., the

petitioners pray for quashing of FIR No.0075 dated 24.07.2021,under

Sections 452, 324, 323, 148, 149 IPC (section 326 IPC added later on),

registered at Police Station Rangar Nangal, District Batala along with all

consequential proceedings arising out of the same, on the basis of

compromise dated 03.09.2021 (Annexure P-2).

2. Vide order dated 18.02.2022, this Court directed the parties to

appear before Illaqa Magistrate/trial Court for getting their statements

recorded in terms of certain parameters mentioned therein, with regard to

the compromise dated 03.09.2021 (Annexure P-2) arrived at between the

parties.

3. In terms of the order dated 18.02.2022 passed by this Court,

parties appeared before the court of Ms. Vineeta Luthra, Sub-Divisional

Judicial Magistrate, Batala, District Gurdaspur and as per report dated

30.03.2022 submitted to this Court, both the parties got recorded their

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CRM-M-37322-2021 --2--

respective statements in Court.

4. Perusal of the aforesaid report would show that the compromise

effected between the parties is genuine and is not the result of any pressure

or coercion. As per the report, there is no other accused except the present

petitioners. No accused has been declared proclaimed offender. 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.

5. Thus, in view of the aforesaid report of the learned Sub-

Divisional Judicial Magistrate, Batala, District Gurdaspur accompanied by

statements of both the parties as well as keeping in mind the law laid down

in the aforementioned judgments, the FIR No.0075 dated 24.07.2021,under

Sections 452, 324, 323, 148, 149 IPC (section 326 IPC added later on),

registered at Police Station Rangar Nangal, District Batala and all

consequential proceedings arising therefrom are hereby quashed qua the

petitioners herein.

6. Petition stands disposed of.

09.01.2023                                              (HARKESH MANUJA)
sonika                                                      JUDGE
          whether speaking/reasoned: Yes/No
          whether reportable:        Yes/No


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