Punjab-Haryana High Court
Sukha Singh M.C. @ Sukhwinder Singh And ... vs State Of Punjab And Another on 4 March, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:030744
2024:PHHC:030744
CRM-M-53393-2023 -1-
290
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-53393-2023
Date of decision 04.03.2024
SUKHA SINGH M.C. @ SUKHWINDER SINGH & ANOTHER
... Petitioner(s)
Versus
STATE OF PUNJAB AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr.M.K. Dhot, Advocate
for the petitioner(s).
Mr. Mohit Saroha, Asstt. A.G., Punjab
for respondent No.1.
Ms. Neha Randhawa, Advocate for
Mr. Inder Pal Singh, Advocate
for respondent No.2.
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.111
dated 30.07.2016 (Annexure P-1) registered under Sections 348, 420,
506, 341 and 120-B IPC at Police Station Lehra, District Sangrur along
with all consequential proceedings arising therefrom on the basis of a
compromise arrived at between the parties.
Vide order dated 20.10.2023 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 25.09.2023 (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.
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Neutral Citation No:=2024:PHHC:030744
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Pursuant to the order dated 20.10.2023 passed by this Court,
the parties have appeared before the Sub-Divisional Judicial Magistrate,
Moonak, Sangrur and as per the report dated 02.01.2023 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 a 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 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
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Neutral Citation No:=2024:PHHC:030744
2024:PHHC:030744
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.
In view of the aforesaid report of the Sub-Divisional
Judicial Magistrate, Moonak, Sangrur accompanied by statements of
both the parties, the FIR No.111 dated 30.07.2016 (Annexure P-1)
registered under Sections 348, 420, 506, 341 and 120-B IPC at Police
Station Lehra, District Sangrur along with all consequential proceedings
arising therefrom are hereby quashed qua the petitioners.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
04.03.2024
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
Neutral Citation No:=2024:PHHC:030744
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