Punjab-Haryana High Court
Ashok Kumar Mandal vs State Of Haryana And Another on 15 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC:049928
CRM-M-58077-2023 - 1-
285 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
CRM-M-58077-2023
Date of Decision : April 15, 2024
Ashok Kumar Mandal ......Petitioner
Vs.
State of Haryana and another ......Respondents
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Vivek Suri, Advocate for the petitioner.
Mr. Mohit Saroha, AAG, Punjab.
Ms. Vishal Jassal, Advocate for respondent No.2.
***
JASJIT SINGH BEDI, J.(ORAL)
The present petition has been filed for quashing of
FIR No.58 dated 15.11.2022 (Annexure P-1) under Sections 420, 467,
120-B IPC registered at Police Station Cuber Police Station, Rohtak and
all other consequential proceedings arising therefrom, on the basis of
compromise dated 05.11.2023 (Annexure P-2) entered into between
the parties.
Vide order dated 20.11.2023 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 20.11.2023 with regard to the compromise dated 05.11.2023
(Annexure P-2).
2024:PHHC:049928
CRM-M-58077-2023 - 2-
In terms of the order dated 20.11.2023 passed by this
Court parties have appeared before the court of the Chief Judicial
Magistrate, Rohtak and as per report dated 30.01.2024 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
2024:PHHC:049928
CRM-M-58077-2023 - 3-
& 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 Chief Judicial
Magistrate, Rohtak accompanied by statements of both the parties, the
FIR No.58 dated 15.11.2022 (Annexure P-1) under Sections 420, 467,
120-B IPC registered at Police Station Cuber Police Station, Rohtak and
all consequential proceedings arising therefrom on the basis of
compromise dated 05.11.2023 (Annexure P-2) are hereby quashed qua
the petitioner only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
April 15, 2024
satish
Whether speaking/reasoned : YES / NO
Whether reportable : YES / NO
