Naresh Mehta And Another vs State Of Punjab And Another
2023 Latest Caselaw 50 P&H

CRM-M-54861-2022                                     #1#

        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH.


                                                           CRM-M-54861-2022

                                                 Date of Decision:-04.01.2023

Naresh Mehta & Anr.

                                                                   ......Petitioners.

                                    Versus

State of Punjab & Anr.

                                                                 ......Respondents.

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:-   Mr. Harshit Jain, Advocate for
            Mr. Mohit Kumar, Advocate for the Petitioners.

            Ms. Ramta Chowdhary, Deputy Advocate General, Punjab.

            Mr. G.S. Sidhu, Advocate for the respondent no.2.

                                 ***

JASJIT SINGH BEDI, J.(ORAL)

The Prayer in this petition is for quashing of FIR No.120 dated

15.04.2014 (Annexure P-1) under Sections 406, 420, 465, 120-B IPC

registered at Police Station Tripri Town, District Patiala and all

consequential proceedings arising therefrom on the basis of compromise

dated 20.09.2022 (Annexure P-2) arrived at between the parties.

Vide order dated 24.11.2022 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 24.11.2022

with regard to the compromise dated 20.09.2022 (Annexure P-2) arrived at

between the parties.

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 CRM-M-54861-2022                                     #2#

Pursuant to the order dated 24.11.2022 passed by this Court,

the parties have appeared before the learned Chief Judicial Magistrate, 1st

Class, Patiala and as per the report dated 07.12.2022 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 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 and Bhoj Raj Vs. State of Punjab &

another, CRM-24945-2019 decided on 27.09.2019, submits that partial

quashing of the FIR was possible on the basis of a compromise.

Keeping in view the law laid down by this Court in the

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CRM-M-54861-2022 #3#

aforementioned judgments and the report of the learned Chief Judicial

Magistrate, Patiala, the FIR No.120 dated 15.04.2014 (Annexure P-1)

under Sections 406, 420, 465, 120-B IPC registered at Police Station Tripri

Town, District Patiala along with all the consequential proceedings arising

therefrom, are hereby quashed qua the petitioners only.

Petition stands disposed of.

                                            ( JASJIT SINGH BEDI )
                                                  JUDGE
January 04, 2023
Vinay
        Whether speaking/reasoned                      Yes/No
        Whether reportable                             Yes/No




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