Punjab-Haryana High Court
Karamjit Kaur & Ors vs State Of Punjab on 10 January, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:002764
CRA-S-2746-SB-2011(O&M) #1# 2024:PHHC:002764
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRA-S-2746-SB-2011(O&M)
Date of Decision:-10.01.2024
Karamjit Kaur & Ors.
......Appellants.
Versus
State of Punjab.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. J.S. Thind, Advocate for the Appellants.
Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab.
Mr. Ashish Nagar, Advocate for the Complainant.
***
JASJIT SINGH BEDI, J.(ORAL)
The appellants have preferred the instant appeal against the
judgment of conviction and order of sentence dated 4.10.2011 passed by
Additional Sessions Judge, Mansa convicting the appellants in case FIR
No.52 dated 04.04.2008 under Sections 308, 324, 323, 34 IPC registered at
Police Station Sardulgarh, District Mansa on the basis of compromise dated
18.11.2023 (Annexure P-1) arrived at between the parties.
Vide order dated 03.11.2011 the appeal was admitted.
As the parties have amicably settled the dispute, on the oral
request of the parties, the main appeal is ordered to be taken up today itself
for hearing.
Vide order dated 15.12.2023 this Court had directed the parties
to appear before Trial Court for getting their statements recorded in terms of
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certain parameters given in the aforesaid order dated 15.12.2023 with regard
to the compromise dated 18.11.2023 (P-1).
The Trial Court was to submit a report in this regard giving
certain details as enumerated in the said order.
Pursuant to the order dated 15.12.2023 passed by this Court, the
parties have appeared before Ms. Harpreet Kaur Nafra, Sub Divisional
Judicial Magistrate, Sardulgarh and as per the report dated 03.01.2024
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.
The Hon'ble Supreme Court in "Ramgopal and another versus
State of Madhya Pradesh, 2021(4) RCR (Criminal) 322", has held that in
non-compoundable cases of pre-dominantly private nature, even if
compromise is reached after conviction, the proceedings can be quashed
under Section 482 Cr.P.C. Further, the compromise in the present case is
found to be fully in consonance of judgments with the direction issued by
the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (3)
RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4)
RCR (Crl.) 543".
In view of the aforesaid report of the learned Sub Divisional
Judicial Magistrate, Sardulgarh accompanied by statements of both the
parties, the FIR No.52 dated 04.04.2008 under Sections 308, 324, 323, 34
IPC registered at Police Station Sardulgarh along with all consequential
proceedings arising therefrom including the judgment of conviction passed
by ASJ, Mansa are hereby quashed qua the appellants.
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Appeal stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
January 10, 2024
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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