Punjab-Haryana High Court
Rachpal Singh And Others vs State Of Punjab And Others on 23 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:054626
291 2024:PHHC:054626
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-60171-2023
Date of decision :23.04.2024
RACHPAL SINGH AND OTHERS
... Petitioner(s)
Versus
STATE OF PUNJAB AND OTHERS
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Akshay Bansal, Advocate
for the petitioner(s).
Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.
Mr. Lalit Kumar, Advocate
for respondent Nos.2 to 4.
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JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR
No.0099 dated 22.06.2018 (Annexure P-1) registered under Sections
353, 186, 332, 148 and 149 IPC (Section 148 IPC deleted and Section
323 IPC added later on) at Police Station Lehra, District Sangrur along
with all consequential proceedings arising therefrom on the basis of a
compromise arrived at between the parties.
Vide order dated 01.12.2023 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 22.05.2022 and
17.11.2023 (P-2 & P-3) 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 01.12.2023 passed by this Court,
the parties have appeared before the Sub-Divisional Judicial Magistrate,
Moonak, Sangrur and as per the report dated 08.02.2024 submitted to
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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
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.
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In view of the aforesaid report of the Sub-Divisional
Judicial Magistrate, Moonak, Sangrur accompanied by statements of
both the parties, the FIR No.0099 dated 22.06.2018 (Annexure P-1)
registered under Sections 353, 186, 332, 148 and 149 IPC (Section 148
IPC deleted and Section 323 IPC added later on) at Police Station Lehra,
District Sangrur along with all consequential proceedings arising
therefrom are hereby quashed qua the petitioners only.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
23.04.2024
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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