Punjab-Haryana High Court
Paramjeet Singh Alias Pamma And Anr vs State Of Punjab And Anr on 9 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC:048057
CRM-M-10534-2024 - 1-
293 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
CRM-M-10534-2024
Date of Decision : April 09, 2024
Paramjeet Singh @ Pamma and another ......Petitioners
Vs.
State of Punjab and another ......Respondents
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Navinder Jit Singh Dandiwal, Advocate
for the petitioner.
Mr. Mohit Saroha, AAG, Punjab.
Mr. Kuldeep Singh, Advocate
for respondent No.2.
JASJIT SINGH BEDI, J.(ORAL)
The present petition has been filed for quashing of
FIR No.164 dated 25.09.2018 (Annexure P-1) under Sections 406, 420,
120-B IPC registered at Police Station Nihal Singh Wala, District Moga
and all other consequential proceedings arising therefrom, on the basis
of compromise dated 26.12.2023 (Annexure P-3) entered into between
the parties.
Vide order dated 28.02.2024 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 26.12.2023 (Annexure
P-3) and the Illaqa Magistrate/Trial Court was to submit a report in this
regard giving certain details as enumerated in the said order.
2024:PHHC:048057
CRM-M-10534-2024 - 2-
Pursuant to the order dated 28.02.2024 passed by this
Court parties have appeared before the Court of the Sub Divisional
Judicial Magistrate, Nihal Singh Wala, Moga and as per report
dated 19.03.2024 submitted to this Court (wrongly sent in
CRM-M-10556-2024), 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-
2024:PHHC:048057
CRM-M-10534-2024 - 3-
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 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 learned Sub Divisional
Judicial Magistrate, Nihal Singh Wala, Moga accompanied by
statements of both the parties, the FIR No.164 dated 25.09.2018
(Annexure P-1) under Sections 406, 420, 120-B IPC registered at Police
Station Nihal Singh Wala, District Moga and all consequential
proceedings arising therefrom on the basis of compromise
dated 26.12.2023 (Annexure P-3) are hereby quashed qua the
petitioners only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
April 09, 2024
satish
Whether speaking/reasoned : YES / NO
Whether reportable : YES / NO
