Punjab-Haryana High Court
Mandeep Kaur @ Toti And Others vs State Of Punjab And Another on 1 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC: 043349
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
280 CRM-M-60139-2023
Date of decision: 01.04.2024
MANDEEP KAUR @ TOTI & OTHERS .... PETITIONER(S)
VERSUS
STATE OF PUNJAB AND ANOTHER ...RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Anil Chawla, Advocate
for the petitioner(s).
Mr. Mohit Saroha, AAG, Punjab.
Mr. Lalit Rishi, Advocate
for respondent No.2.
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JASJIT SINGH BEDI, J. (Oral)
The prayer in this petition is for quashing of an FIR No.0045
dated 31.01.2020 (Annexure P-1) registered under Sections 454, 380 and 34
of the IPC, 1860 at Police Station Islamabad, Amritsar City 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 30.11.2023 this Court had directed the parties
to appear before Illaqa Magistrate for getting their statements recorded with
regard to the compromise dated 21.11.2022 (Annexure P-2).
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 30.11.2023 passed by this Court, the
parties have appeared before the learned Judicial Magistrate First Class,
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
Amritsar and as per the report dated 21.02.2024 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 complaint 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".
In view of the aforesaid report of the learned Judicial Magistrate
First Class, Amritsar accompanied by statements of both the parties, the FIR
No.0045 dated 31.01.2020 (Annexure P-1) registered under Sections 454,
380 and 34 of the IPC, 1860 at Police Station Islamabad, Amritsar City
along with all consequential proceedings arising therefrom are hereby
quashed qua the petitioners.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
01.04.2024
Kusum
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
