Karanjeet Singh And Another vs State Of Punjab And Others
2023 Latest Caselaw 20077 P&H

                                                   Neutral Citation No:=2023:PHHC:147171




                                                   2023:PHHC:147171


 CRM-M-18213-2023                                                -1-

288
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
                                      CRM-M-18213-2023
                                Date of decision :20.11.2023

KARANJEET SINGH AND ANOTHER
                                                             ... Petitioner(s)
                                    Versus
STATE OF PUNJAB AND OTHERS
                                                            ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:     Mr. P.S. Saini, Advocate
             for the petitioner(s).

             Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab
             for respondent No.1.

             Mr. Abhishek, Advocate
             for respondent Nos.2 and 3.

JASJIT SINGH BEDI, J. (ORAL)

The prayer in this petition is for quashing of an FIR No.30

dated 23.02.2022 (Annexure P-1) registered under Sections 406, 420,

467, 468, 471 IPC at Police Station Bond Kalan, District Charkhi Dadri

along with all consequential proceedings arising therefrom on the basis

of a compromise arrived at between the parties.

Vide order dated 17.08.2023 this Court had directed the

parties to appear before Illaqa Magistrate for getting their statements

recorded with regard to the compromise dated 11.04.2023 (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.

Pursuant to the order dated 17.08.2023 passed by this Court,

the parties have appeared before the Chief Judicial Magistrate, Charkhi

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Dadri and as per the report dated 17.10.2023 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 petitioner, 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

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.

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2023:PHHC:147171

In view of the aforesaid report of the Chief Judicial

Magistrate, Charkhi Dadri accompanied by statements of both the

parties, the FIR No.30 dated 23.02.2022 (Annexure P-1) registered under

Sections 406, 420, 467, 468, 471 IPC at Police Station Bond Kalan,

District Charkhi Dadri along with all consequential proceedings arising

therefrom are hereby quashed qua the petitioners.

Petition stands disposed of.

(JASJIT SINGH BEDI) JUDGE 20.11.2023 JITESH

Whether speaking/reasoned:- Yes/No

Whether reportable:- Yes/No

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