Danish Arora vs State Of Punjab And Another
2023 Latest Caselaw 17455 P&H

                                                    Neutral Citation No:=2023:PHHC:130944




                                                           2023:PHHC:130944


CRM-M- 28759 of 2023 (O & M)                                                  ::1::
(279)


 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                     CRM-M-28759 of 2023 (O & M)
                     Date of decision: 09.10.2023

Danish Arora                                                     ...... Petitioner(s)
           V/s

State of Punjab and anr.
                                                                  ...Respondents

CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:     Mr. Dheeraj Mahajan, Advocate,
             for the petitioner(s).

             Ms. Ramta Chaudhary, DAG, Punjab.

             Mr. Nimish Gautam, Advocate,
             for Mr. Sukhveer Kaur, Advocate,
             for the respondents No.2 to 5.

                 *****
JASJIT SINGH BEDI, J. (Oral)

The prayer in this petition is for quashing of FIR No. 208

dated 11.11.2022 under Sections 379-B IPC registered at Police Station

Ranjit Avenue, District Amritsar and all subsequent proceedings arising

therefrom on the basis of compromise (Annexure P-2).

Vide order dated 01.06.2023 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 01.06.2023

with regard to the compromise (Annexure P-2).

In terms of the order dated 01.06.2023 passed by this Court

parties have appeared before the court of Chief Judicial Magistrate, Amritsar

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and as per the report dated 04.10.2023 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 effected a 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 and Vimal Kalra &

others Versus State of Punjab & another, CRMM-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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CRM-M- 28759 of 2023 (O & M)                                                 ::3::

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

aforementioned judgments and the report of the Chief Judicial Magistrate,

Amritsar, the FIR No. 208 dated 11.11.2022 under Sections 379-B IPC

registered at Police Station Ranjit Avenue, District Amritsar alongwith all

the subsequent proceedings arising therefrom, are hereby quashed qua the

petitioner only.

Petition stands disposed of.

                                               ( JASJIT SINGH BEDI)
                                                      JUDGE
October 09, 2023
sukhpreet
                   Whether speaking/reasoned          : Yes/No
                   Whether reportable                 : Yes/No




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