Punjab-Haryana High Court
Raman Lal Alias Nasru Alias Happy ... vs State Of Punjab And Others on 11 January, 2023
CRM-M-44094-2021 --1--
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-44094-2021
DATE OF DECISION:-11.01.2023
Raman Lal alias Nasru alias Happy and Others ...Petitioners.
vs.
State of Punjab and another ...Respondents.
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. L. S. Sidhu, Advocate for the petitioners.
Mr. Ravinder Singh, AAG, Punjab
Mr. Ishan Thakur, Advocate, for respondent No.2.
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HARKESH MANUJA, J.
By way of present petition under Section 482 Cr.P.C., the petitioners
pray for quashing of FIR No.151 dated 27.06.2019, under Sections 323, 324,
325, 326, 148, 149 IPC registered at Police Station City Kapurthala, District
Kapurthala, along with all consequential proceedings arising out of the same,
on the basis of compromise dated 16.09.2021 (Annexure P-4).
2. As per allegation levelled in the FIR, petitioners inflicted injuries to
the complainant and his brother in an incident which took placed on
14.06.2019 resulting into the registration of the present FIR.
3. Vide order dated 25.01.2022, 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 16.09.2021 (Annexure P-4) arrived at between the parties.
4. In terms of the order dated 25.01.2022 passed by this Court, parties
appeared before the court of Mr. Jasvir Singh, Chief Judicial Magistrate,
District Kapurthala and as per report dated 15.02.2022 submitted to this Court,
both the parties got recorded their respective statements in Court.
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CRM-M-44094-2021 --2--
5. 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.
6. Thus, in view of the aforesaid report of the learned Chief Judicial
Magistrate, District Kapurthala, accompanied by statements of both the parties
as well as keeping in mind the law laid down in the aforementioned judgments,
the FIR No.151 dated 27.06.2019, under Sections 323, 324, 325, 326, 148, 149
IPC registered at Police Station City Kapurthala, District Kapurthala, and all
consequential proceedings arising therefrom are hereby quashed qua the
petitioners herein.
7. Petition stands disposed of.
11.01.2023 (HARKESH MANUJA)
anil JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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