Punjab-Haryana High Court
Harpal Masih @ Gopi vs State Of Punjab And Another on 23 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:054607
292 2024:PHHC:054607
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-60655-2023
Date of decision :23.04.2024
HARPAL MASIH @ GOPI
... Petitioner(s)
Versus
STATE OF PUNJAB AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Hitesh Verma, Advocate
for the petitioner(s).
Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.
Ms. Amarinder Kaur, Advocate
for respondent No.2.
****
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.123
dated 19.06.2021 (Annexure P-1) registered under Section 379-B IPC at
Police Station Mukerian, District Hoshiarpur along with all
consequential proceedings arising therefrom on the basis of a
compromise arrived at between the parties.
Vide order dated 04.12.2023 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 16.07.2021 (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 04.12.2023 passed by this Court,
the parties have appeared before the District and Sessions Judge,
Hoshiarpur and as per the report dated 01.04.2024 submitted to this
Court, both the parties have got recorded their respective statements in
Court.
1 of 3
Neutral Citation No:=2024:PHHC:054607
2024:PHHC:054607
A perusal of the aforesaid report would show that the parties
have 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
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 District and Sessions
Judge, Hoshiarpur accompanied by statements of both the parties, the
FIR No.123 dated 19.06.2021 (Annexure P-1) registered under Section
2 of 3
Neutral Citation No:=2024:PHHC:054607
2024:PHHC:054607
379-B IPC at Police Station Mukerian, District Hoshiarpur along with all
consequential proceedings arising therefrom are hereby quashed qua the
petitioner.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
23.04.2024
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
3 of 3
