Punjab-Haryana High Court
Kuljeet Singh @ Kuljeeta Singh vs State Of Punjab And Another on 4 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC:045262
CRM-M-955-2024 - 1-
281 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
CRM-M-955-2024
Date of Decision : April 04, 2024
Kuljeet Singh @ Kuljeeta
......Petitioner
Vs.
State of Punjab and another
......Respondents
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Ashish Nagar, Advocate
for the petitioner.
Mr. Mohit Saroha, AAG, Punjab.
Mr. Shubham Mirok, Advocate
for the complainant.
***
JASJIT SINGH BEDI, J.(ORAL)
The present petition has been filed for quashing of
FIR No.59 dated 18.06.2023 under Section 379-B IPC registered at Police
Station Sudhar, District Ludhiana Rural and all other consequential
proceedings arising therefrom, on the basis of compromise dated 19.12.2023
(Annexure P-2) entered into between the parties.
Vide order dated 10.01.2024 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 10.01.2024
with regard to the compromise dated 19.12.2023 (Annexure P-2).
2024:PHHC:045262
CRM-M-955-2024 - 2-
In terms of the order dated 10.01.2024 passed by this Court
parties have appeared before the court of the Additional District and
Sessions Judge, Ludhiana and as per report dated 27.02.2024 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 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, CRM-M-20355-2022, decided
2024:PHHC:045262
CRM-M-955-2024 - 3-
on 25.07.2022 submits that partial quashing of the FIR was possible on the
basis of a compromise.
In view of the aforesaid report of the Additional District and
Sessions Judge, Ludhiana accompanied by statements of both the parties, the
FIR No.59 dated 18.06.2023 under Setion 379-B IPC registered at Police
Station Sudhar, District Ludhiana Rural and all consequential proceedings
arising therefrom are hereby quashed qua the petitioner only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
April 04, 2024
satish
Whether speaking/reasoned : YES / NO
Whether reportable : YES / NO
