Punjab-Haryana High Court
Tarsem Singh And Others vs State Of Punjab And Another on 3 April, 2024
Neutral Citation No:=2024:PHHC:044891
2024:PHHC:044891
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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293
CRM-M-10344-2024
Date of Decision:03.04.2024
Tarsem Singh and Others .....Petitioners
Vs.
State of Punjab and Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Ms. Komal Balain, Advocate
for the petitioners.
Mr. Amandeep Singh, DAG, Punjab.
Ms. Simrat Kaur, Advocate
for respondent No.2.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.108 dated 21.07.2011 registered under Sections 452,
324, 323, 148, 149 of the IPC registered at Police Station Gharinda, District
Amritsar City and all subsequent proceedings arising therefrom on the basis
of compromise (Annexure P-5).
2. Learned counsel for the petitioners contends that petitioners
have been convicted by Trial Court vide judgment dated 14.11.2018 under
Sections 452, 326, 323, 324, 148 & 149 of the IPC and sentence to undergo
maximum rigorous imprisonment for 3 years in addition to fine of `500/-
with default sentence. Against the said judgment of conviction and order of
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sentence, petitioners have filed appeal before Learned Sessions Court, which
is pending adjudication. Prayer is made to quash the judgment of conviction
and order of sentence.
3. Learned counsel has referred to "Ramgopal and another v.
State of Madhya Pradesh" 2021 SCC Online SC 834, to contend that
criminal proceedings involving non-henious offences or where offences are
pre-dominantly of a private nature, can be annulled irrespective of the fact
that trial has been concluded and appeal stands dismissed against conviction,
under extraordinary powers enjoined upon the High Court under Section 482
Cr.P.C.
4. This Court vide order dated 27.02.2024 had directed the parties
to appear before the trial Court to get their statements recorded and the
learned Magistrate was directed to send its report qua the genuineness of the
compromise.
5. Pursuant to the aforesaid order, parties have appeared before
Learned Additional Sessions Judge and got their statements recorded. On the
basis of the statements so recorded, Learned Additional Sessions Judge has
submitted report dated 02.04.2024 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
undue influence.
6. Learned State counsel concedes the factum of the compromise
amongst the parties and has no objection to allow the petition and set aside
the impugned judgment of conviction and order of sentence on account of
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the compromise having been effected between the parties.
7. Consequent to the aforesaid facts and circumstances and having
regard to the legal position as explained in Ramgopal's case (supra), the
impugned judgment of conviction and order of sentence, are hereby set aside
on account of the compromise between the parties.
8. In view of the compromise between the parties, this petition is
allowed and F.I.R. No.108 dated 21.07.2011 registered under Sections 452,
324, 323, 148, 149 of the IPC registered at Police Station Gharinda, District
Amritsar City and all subsequent proceedings arising therefrom on the basis
of compromise (Annexure P-5), are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
April 03, 2024
Neetika Tuteja
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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