Punjab-Haryana High Court
Jaspinder Kaur vs State Of Punjab And Others on 23 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRM-M-917-2024 1 2024:PHHC:054671
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
287-D CRM-M-917-2024 (O&M)
Date of decision: 23.04.2024
JASPINDER KAUR .... PETITIONER(S)
VERSUS
STATE OF PUNJAB AND OTHERS ...RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Anoop Verma, Advocate
for the petitioner(s).
Mr. Harkanwar Jeet Singh, AAG, Punjab.
Mr. Gursewak Singh, respondent No.2 in person.
Mr. Amandeep Singh, respondent No.3 in person.
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JASJIT SINGH BEDI, J. (Oral)
The prayer in this petition is for quashing of an FIR No.193
dated 01.11.2011 (Annexure P-1) registered under Sections 420 and 406 of
the IPC, 1860 at Police Station City Mansa, Punjab along with all
consequential proceedings arising therefrom on the basis of a compromise
arrived at between the parties.
Vide order dated 11.01.2024 this Court had directed the parties
to appear before Illaqa Magistrate for getting their statements recorded with
regard to the compromise dated 19.08.2023 (Annexure 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 order dated 11.01.2024 passed by this Court,
the parties have appeared before the learned Chief Judicial Magistrate,
Mansa and as per the report dated 06.03.2024 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
CRM-M-917-2024 2 2024:PHHC:054671
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".
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.
It is pertinent to mention here that in the case of "Jaspinder
Kaur Vs. State of Punjab and others" bearing No. CRM-M-32540-2022, the
order declaring her a proclaimed offender stands quashed by this Court vide
order dated 27.07.2022 (Annexure P-7).
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
CRM-M-917-2024 3 2024:PHHC:054671
In view of the aforesaid report of the learned Chief Judicial
Magistrate, Mansa accompanied by statements of both the parties, the FIR
No. 193 dated 01.11.2011 (Annexure P-1) registered under Sections 420 and
406 of the IPC, 1860 at Police Station City Mansa, Punjab along with all
consequential proceedings arising therefrom are hereby quashed qua the
petitioner.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
23.04.2024
Kusum
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
