Ram Karan vs State Of Haryana And Another
2024 Latest Caselaw 7444 P&H

Punjab-Haryana High Court

Ram Karan vs State Of Haryana And Another on 8 April, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                                                   2024:PHHC: 047536
                                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                    CHANDIGARH

             209-A                                                   CRM-M-56609-2023
                                                                     Date of decision: 08.04.2024

             RAM KARAN                                                        .... PETITIONER(S)

                                                               VERSUS

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

             CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

             Present:                 Mr. Sidarth, Advocate and
                                      Mr. Suraj, Advocate
                                      for the petitioner(s).

                       Mr. R.K. Singla, DAG, Haryana.
                       ****
             JASJIT SINGH BEDI, J. (Oral)

The prayer in this petition is for quashing of an FIR No.92

dated 18.04.2023 registered under Sections 406 and 420 of the IPC, 1860 at

Police Station Sadar Tohana Fatehabad 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 09.11.2023 this Court had directed the parties

to appear before Illaqa Magistrate for getting their statements recorded with

regard to the compromise dated 26.10.2023 (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 09.11.2023 passed by this Court, the

parties have appeared before the learned Sub Divisional Judicial Magistrate,

Tohana and as per the report dated 29.02.2024 submitted to this Court, both

the parties have got recorded their respective statements in Court.

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

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 Sub Divisional

Judicial Magistrate, Tohana accompanied by statements of both the parties,

the FIR No.92 dated 18.04.2023 registered under Sections 406 and 420 of

the IPC, 1860 at Police Station Sadar Tohana Fatehabad along with all

consequential proceedings arising therefrom are hereby quashed qua the

petitioner.

Petition stands disposed of.

                                                                      (JASJIT SINGH BEDI)
                                                                           JUDGE
             08.04.2024
             Kusum


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





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