Talwinder Singh Alias Goldy And Ors vs State Of Punjab And Anr
2024 Latest Caselaw 7298 P&H

Punjab-Haryana High Court

Talwinder Singh Alias Goldy And Ors vs State Of Punjab And Anr on 5 April, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                                                   2024:PHHC: 046604

                                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                    CHANDIGARH

             244                                        CRM-M-55992-2023
                                                        Date of decision: 05.04.2024

             TALWINDER SINGH @ GOLDY & ORS                                     .... PETITIONER(S)

                                                               VERSUS

             STATE OF PUNJAB AND ANR                                          ...RESPONDENT(S)

             CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

             Present:                 Ms. Divya Gulati, Advocate for
                                      Mr. L.M. Gulati, Advocate
                                      for the petitioner(s).

                                      Mr. Ashok Kumar, Advocate
                                      for the respondent No.2.

                                      ****

             JASJIT SINGH BEDI, J. (Oral)

The prayer in this petition is for quashing of an FIR No.177

dated 12.10.2021 (Annexure P-1) registered under Sections 406, 420, 120-B

of IPC, 1860 at Police Station Division-C Amritsar, District Amritsar along

with all consequential proceedings arising therefrom on the basis of a

compromise arrived at between the petitioners and respondent No.2.

Vide order dated 07.11.2023 this Court had directed the parties

to appear before Illaqa Magistrate for getting their statements recorded with

regard to the compromise dated 22.10.2021.

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 07.11.2023 passed by this Court, the

parties have appeared before the learned Judicial Magistrate Ist Class,

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

Amritsar and as per the report dated 19.02.2024 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

Ist Class, Amritsar accompanied by statements of both the parties, the FIR

No.177 dated 12.10.2021 (Annexure P-1) registered under Sections 406,

420, 120-B of IPC, 1860 at Police Station Division-C Amritsar, District

Amritsar along with all consequential proceedings arising therefrom are

hereby quashed qua the petitioners.

Petition stands disposed of.

                                                                        (JASJIT SINGH BEDI)
                                                                             JUDGE
             05.04.2024
             Kusum/Jyt
                                      Whether speaking/reasoned         Yes/No
                                      Whether Reportable                Yes/No




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