Punjab-Haryana High Court
Manjot Singh vs State Of Punjab And Others on 5 January, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:000465
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IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-47886-2021
Date of Decision:-05.01.2024
Manjot Singh.
......Petitioner.
Vs.
State of Punjab & Ors.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Ms. Divya Gulati, Advocate for
Mr. L.M. Gulati, Advocate for the Petitioner.
Mr. Harkanwar Jeet Singh, AAG Punjab.
Mr. G.S. Hundal, Advocate for the respondent nos.2 & 3.
***
JASJIT SINGH BEDI, J.(ORAL)
The present petition has been filed for quashing of the FIR
No.112 dated 30.04.2015 (Annexure P-1) registered under Sections 420,
467, 468, 471, 447, 511 and 120-B IPC at Police Station Sultanwind,
District Amritsar and all consequential proceedings arising therefrom, on the
basis of compromise dated 26.04.2021 (Annexure P-4) entered into between
the parties.
Vide order dated 17.11.2021 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 17.11.2021
with regard to the compromise dated 26.04.2021 (Annexure P-4).
In terms of the order dated 17.11.2021 passed by this Court
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parties have appeared before the court of Himanshu Arora, Judicial
Magistrate Ist Class, Amritsar and as per report dated 26.09.2022 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
basis of a compromise.
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In view of the aforesaid report of the learned Judicial Magistrate
Ist Class, Amritsar accompanied by statements of both the parties, the FIR
No.112 dated 30.04.2015 (Annexure P-1) registered under Sections 420,
467, 468, 471, 447, 511 and 120-B IPC at Police Station Sultanwind,
District Amritsar and all consequential proceedings arising therefrom are
hereby quashed qua the petitioner only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
January 05, 2024
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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