Shashi Kumar Alias Lucky vs State Of Punjab And Another
2024 Latest Caselaw 905 P&H

Punjab-Haryana High Court

Shashi Kumar Alias Lucky vs State Of Punjab And Another on 16 January, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                    Neutral Citation No:=2024:PHHC:005643




307                                                  2024:PHHC:005643
    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
                                   CRM-M-35041-2023
                             Date of decision :16.01.2024
 SHASHI KUMAR ALIAS LUCKY

                                                             ... Petitioner(s)
                                   Versus
STATE OF PUNJAB AND ANOTHER
                                                           ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:     Mr. M.K. Bhatnagar, Advocate
             for the petitioner(s).

             Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.

          Mr. S.K. Bawa, Advocate
          for respondent No.2.
                 ****
JASJIT SINGH BEDI, J. (ORAL)

The prayer in this petition is for quashing of an FIR No.100

dated 08.05.2021 (Annexure P-1) registered under Sections 420, 406, 34

IPC and Section 24 of Immigration Act at Police Station Tanda, District

Hoshiarpur along with all consequential proceedings arising therefrom

on the basis of a compromise arrived at between the petitioner and

respondent no.2.

Vide order dated 24.07.2023 this Court had directed the

parties to appear before Illaqa Magistrate for getting their statements

recorded with regard to the compromise dated 28.06.2023 (P-2).

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 24.07.2023 passed by this

Court, the parties have appeared before the Chief Judicial Magistrate-

cum-Secretary, DLSA, Hoshiarpur and as per the report dated

1 of 3

Neutral Citation No:=2024:PHHC:005643

2024:PHHC:005643

16.11.2023 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 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.

2 of 3

Neutral Citation No:=2024:PHHC:005643

2024:PHHC:005643

In view of the aforesaid report of the Chief Judicial

Magistrate-cum-Secretary, DLSA, Hoshiarpur accompanied by

statements of both the parties, the FIR No.100 dated 08.05.2021

(Annexure P-1) registered under Sections 420, 406, 34 IPC and Section

24 of Immigration Act at Police Station Tanda, District Hoshiarpur along

with all consequential proceedings arising therefrom are hereby quashed

qua the petitioner.

Petition stands disposed of.

(JASJIT SINGH BEDI) JUDGE 16.01.2024 JITESH

Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No

Neutral Citation No:=2024:PHHC:005643

3 of 3