Punjab-Haryana High Court
Rajinder Singh vs State Of Punjab And Others on 29 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:057904
2024:PHHC:057904
CRM-M-12160-2024 ::1::
(280)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-12160-2024 (O & M)
Date of decision:29.04.2024
Rajinder Singh ...... Petitioner
V/s
State of Punjab and ors. ...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. A.S. Barnala, Advocate,
for the petitioner.
Mr. Baljinder Singh, AAG, Punjab.
Ms. Lovepreet Kaur, Advocate,
for respondents No.2 and 3.
*****
JASJIT SINGH BEDI, J. (Oral)
The prayer in this petition is for quashing of FIR No.17 dated
06.04.2021 under Sections 420, 406, 467, 468, 471, 120-B IPC (Sections
419, 466 IPC and Section 82 of the Registration Act 1908 added later on),
registered at Police Station NRI, District SAS Nagar, Mohali and all the
consequent/subsequent proceedings arising therefrom on the basis of a
compromise dated 01.03.2024 (Annexure P-2) arrived at between the
parties.
Vide order dated 11.03.2024, this Court had directed the parties
to appear before Illaqa Magistrate for getting their statements recorded with
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regard to the compromise (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 11.03.2024, passed by this Court,
the parties have appeared before the Judicial Magistrate Ist Class, Mohali
and as per the report dated 25.04.2024 submitted to this Court, both the
parties i.e. accused-petitioner No.1/Rajinder Singh and respondent
No.3/Mahinder Singh as well as power of attorney on behalf of respondent
No2-Ranjit Singh Thind, have got recorded their respective statements in
Court with regard to the compromise (Annexure P-2).
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 petitioners, while placing
reliance upon the judgments passed by the Hon'ble Supreme Court in
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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, CRMM-20355-2022, decided on
25.07.2022 submits that partial quashing of the FIR was possible on the
basis of a compromise.
Keeping in view the law laid down by this Court in the
aforementioned judgments and the report of the Judicial Magistrate Ist
Class, SAS Nagar, Mohali, the FIR No.17 dated 06.04.2021 under Sections
420, 406, 467, 468, 471, 120-B IPC (Sections 419, 466 IPC and Section 82
of the Registration Act 1908 added later on), registered at Police Station
NRI, District SAS Nagar, Mohali and all the consequent/subsequent
proceedings arising therefrom , are hereby quashed qua the petitioner only.
Petition stands disposed of.
( JASJIT SINGH BEDI)
JUDGE
April 29, 2024
sukhpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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