Punjab-Haryana High Court
Sushil And Others vs State Of Haryana And Others on 30 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:058781
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IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-27074-2023
Date of Decision:-30.04.2024
Sushil & Ors.
......Petitioners.
Vs.
State of Haryana & Ors.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Anmol R. Sharma, Advocate for
Mr. Namit Khurana, Advocate for the Petitioner.
Mr. Rajiv Goel, DAG Haryana.
Ms. Lalita Kashyap, Advocate for
Ms. Nancy Vashistha, Advocate for the respondent no.2.
***
JASJIT SINGH BEDI, J.(ORAL)
The present petition has been filed for quashing of the FIR
No.200 dated 29.04.2023 (Annexure P-1) registered under Sections 148,
149, 323, 506 IPC at Police Station Sadar Yamuna Nagar, District Yamuna
Nagar and all consequential proceedings arising therefrom, on the basis of
compromise dated 16.05.2023 (Annexure P-2) entered into between the
parties.
Vide order dated 26.05.2023 this Court had directed the parties
to appear before Illaqa Magistrate for getting their statements recorded in
terms of certain parameters given in the aforesaid order dated 26.05.2023
with regard to the compromise dated 16.05.2023 (Annexure P-2).
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In terms of the order dated 26.05.2023 passed by this Court
parties have appeared before the court of Judicial Magistrate Ist Class,
Yamuna Nagar at Jagadhari and as per report dated 15.07.2023 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 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 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
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
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basis of a compromise.
In view of the aforesaid report of the learned Judicial Magistrate
Ist Class, Yamuna Nagar at Jagadhari accompanied by statements of both
the parties, the FIR No.200 dated 29.04.2023 (Annexure P-1) registered
under Sections 148, 149, 323, 506 IPC at Police Station Sadar Yamuna
Nagar, District Yamuna Nagar and all consequential proceedings arising
therefrom are hereby quashed qua the petitioners only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
April 30, 2024
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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