Punjab-Haryana High Court
Rajinder Kumar @ Doctor @ Rajinder Kumar ... vs State Ofharyana And Another on 15 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:049934
302 2024:PHHC:049934
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-59450-2023 (O&M)
Date of decision :15.04.2024
RAJINDER KUMAR @ DOCTOR @ RAJINDER KUMAR
NAGAR
... Petitioner(s)
Versus
STATE OFHARYANA AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Dharam Bir Bhargav, Advocate
for the petitioner(s).
Mr. Rajiv Goel, DAG, Haryana.
Mr. Jashandeep Singh Bains, Advocate
for respondent No.2.
****
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.05
dated 05.01.2022 (Annexure P-1) registered under Sections 406, 420,
506, 120-B IPC at Police Station Saha, District Ambala along with all
consequential proceedings arising therefrom on the basis of a
compromise arrived at between the parties.
Vide orders dated 29.11.2023 and 31.01.2024 this Court had
directed the parties to appear before Illaqa Magistrate for getting their
statements recorded with regard to the compromise dated 07.09.2022 (P-
2) and 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 orders dated 29.11.2023 and 31.01.2024
passed by this Court, the parties have appeared before the learned
Judicial Magistrate, 1st Class, Ambala and as per the report dated
05.02.2024 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 a effected 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
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Neutral Citation No:=2024:PHHC:049934
2024:PHHC:049934
CRM-M-59450-2023 (O&M) -2-
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 petitioner, 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 &
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 Judicial
Magistrate, 1st Class, Ambala accompanied by statements of both the
parties, the FIR No.05 dated 05.01.2022 (Annexure P-1) registered under
Sections 406, 420, 506, 120-B IPC at Police Station Saha, District
Ambala along with all consequential proceedings arising therefrom are
hereby quashed qua the petitioner alone.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
15.04.2024
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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