Bhim And Others vs State Of Haryana And Others
2024 Latest Caselaw 7187 P&H

Punjab-Haryana High Court

Bhim And Others vs State Of Haryana And Others on 4 April, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                                                  2024:PHHC: 045802

                                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                    CHANDIGARH

             271                                        CRM-M-16551-2021 (O&M)
                                                        Date of decision: 04.04.2024

             BHIM AND OTHERS                                                  .... PETITIONER(S)
                                                               VERSUS

             STATE OF HARYANA AND OTHERS                                      ...RESPONDENT(S)

             CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

             Present:                 Mr. Parminder Singh, Advocate
                                      for the petitioner(s).

                                      Mr. Rajiv Goel, DAG, Haryana.

                                      Mr. Sukhdeep Singh, Advocate
                                      for the respondent Nos.2 and 3.

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

The prayer in this petition is for quashing of an FIR No.26

dated 09.03.2021 registered under Sections 308, 323, 34 and 506 of the IPC,

1860 at Police Station Jhansa, District Kurukshetra along with all

consequential proceedings arising therefrom on the basis of a compromise

arrived at between the petitioner and respondent No.2 and 3.

Vide order dated 27.10.2022 this Court had directed the parties

to appear before Illaqa Magistrate for getting their statements recorded with

regard to the compromise dated 07.04.2021 (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 27.10.2022 passed by this Court, the

parties have appeared before the learned Additional Sessions Judge,

authenticity of this order/judgment Punjab & Haryana High Court, CHD CRM-M-16551-2021 (O&M) -2-

Kurukshetra and as per the report dated 30.11.2022 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 Additional

Sessions Judge, Kurukshetra accompanied by statements of both the parties,

the FIR No.26 dated 09.03.2021 registered under Sections 308, 323, 34 and

506 of the IPC, 1860 at Police Station Jhansa, District Kurukshetra along

with all consequential proceedings arising therefrom are hereby quashed qua

the petitioners.

Petition stands disposed of.

                                                                      (JASJIT SINGH BEDI)
                                                                           JUDGE
             04.04.2024
             Kusum


                                      Whether speaking/reasoned       Yes/No
                                      Whether Reportable              Yes/No



authenticity of this order/judgment
Punjab & Haryana High Court, CHD