Gurneet Singh vs State Of Punjab And Others
2024 Latest Caselaw 7579 P&H

Punjab-Haryana High Court

Gurneet Singh vs State Of Punjab And Others on 9 April, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                                                    2024:PHHC: 048585

                                        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

             291                                                      CRM-M-783-2024
                                                                      Date of decision: 09.04.2024

             GURNEET SINGH                                                     .... PETITIONER(S)
                                                               VERSUS
             STATE OF PUNJAB AND OTHERS                                         ...RESPONDENT(S)

             CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

             Present:                 Mr. Gaurav Garg, Advocate
                                      for the petitioner(s).

                                      Mr. Mohit Saroha, AAG, Punjab.

                                      Mr. Lalit Pathak, Advocate
                                      for respondent Nos.2 and 3.

                                      ****

             JASJIT SINGH BEDI, J. (Oral)

The prayer in this petition is for quashing of an FIR No.165 dated

25.11.2023 registered under Sections 279, 337, 427 of the IPC, 1860 at Police

Station Amloh, District Fatehgarh Sahib (Annexure P-1) along with all

consequential proceedings arising therefrom on the basis of a compromise

arrived at between the petitioner and respondents.

Vide order dated 09.01.2024 this Court had directed the parties to

appear before Illaqa Magistrate for getting their statements recorded with

regard to the compromise dated 18.12.2023 (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 09.01.2024 passed by this Court, the

parties have appeared before the learned Civil Judge (Junior Division)-cum-

Judicial Magistrate First Class, Amloh and as per the report dated 27.02.2024

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

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 Civil Judge (Junior

Division)-cum-Judicial Magistrate First Class, Amloh accompanied by

statements of both the parties, the FIR No.165 dated 25.11.2023 registered

under Sections 279, 337, 427 of the IPC, 1860 at Police Station Amloh, District

Fatehgarh Sahib (Annexure P-1) along with all consequential proceedings

arising therefrom are hereby quashed qua the petitioners.

Petition stands disposed of.

                                                                        (JASJIT SINGH BEDI)
                                                                              JUDGE
             09.04.2024
             Kusum


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





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