Punjab-Haryana High Court
Varinder Sekhon @ Varinder Pal ... vs State Of Punjab And Another on 24 May, 2023
Neutral Citation No:=2023:PHHC:075246
2023:PHHC:075246
CRM-M-12252-2023 -1-
280
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-12252-2023
Date of decision :24.05.2023
VARINDER SEKHON @ VARINDER PAL SINGH AND ORS
... Petitioner(s)
Versus
STATE OF PUNJAB AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Surinder Garg, Advocate
for the petitioner(s).
Mr. Harkanwar Jeet Singh, Asst. A.G., Punjab.
Mr. Lalit Chander Sharma, Advocate
for respondent No.2.
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.140
dated 26.09.2022 (Annexure P-1) registered under Sections 323, 506,
148, 149, 120-B IPC at Police Station Gidderbaha, District Sri Muktsar
Sahib along with all consequential proceedings arising therefrom on the
basis of a compromise arrived at between the petitioner and respondent
no.2.
Vide order dated 13.03.2023 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 16.02.2023 (P-2) and the
Illaqa Magistrate/trial Court was to submit a report in this regard giving
certain details as enumerated in the said order.
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Neutral Citation No:=2023:PHHC:075246
2023:PHHC:075246
Pursuant to the order dated 13.03.2023 passed by this Court,
the parties have appeared before the Sub Divisional Judicial Magistrate,
Gidderbaha and as per the report dated 16.05.2023 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 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, Bhoj Raj Vs.
State of Punjab & another, CRM-24945-2019 decided on 27.09.2019
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Neutral Citation No:=2023:PHHC:075246
2023:PHHC:075246
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.
Keeping in view the law laid down by this Court in the
aforementioned judgments and the report of the Sub Divisional Judicial
Magistrate, Gidderbaha, the FIR No.140 dated 26.09.2022 (Annexure P-
1) registered under Sections 323, 506, 148, 149, 120-B IPC at Police
Station Gidderbaha, District Sri Muktsar Sahib along with all
consequential proceedings arising therefrom are hereby quashed qua the
petitioner.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
24.05.2023
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
Neutral Citation No:=2023:PHHC:075246
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