Punjab-Haryana High Court
Khuswant Narwal vs State Of Haryana And Another on 11 March, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC:034032
CRM-M-44187-2023 - 1-
281 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
CRM-M-44187-2023
Date of Decision : March 11, 2024
Khuswant Narwal
......Petitioner
Vs.
State of Haryana and another
......Respondents
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Sikandh Mehta, Advocate for
Mr. Pankaj Bali, Advocate
for the petitioner.
Mr. Rajiv Goel, DAG, Haryana.
Mr. Raghav Bali, Advocate
for the complainant.
***
JASJIT SINGH BEDI, J.(ORAL)
The present petition has been filed for quashing of FIR No.388
dated 04.03.2023 under Sections 506, 34 IPC and Sections 3(1)(r) of SC/ST
Act, 1989 registered at Police Station Karnal Civil Lines Karnal and all
other consequential proceedings arising therefrom, on the basis of
compromise dated 26.07.2023 (Annexure P-2) entered into between the
parties.
Vide order dated 16.11.2023 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 16.11.2023
2024:PHHC:034032
CRM-M-44187-2023 - 2-
with regard to the compromise dated 26.07.2023 (Annexure P-2).
In terms of the order dated 26.05.2023 passed by this Court
parties have appeared before the court of the Chief Judicial Magistrate,
Karnal and as per report dated 06.03.2024 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. 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
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CRM-M-44187-2023 - 3-
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 learned Judicial Magistrate
Ist Class, Ludhiana accompanied by statements of both the parties, the FIR
No.388 dated 04.03.2023 under Sections 506, 34 IPC and Sections 3(1)(r) of
SC/ST Act, 1989 registered at Police Station Karnal Civil Lines Karnal and
all consequential proceedings arising therefrom are hereby quashed qua the
petitioner only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
March 11, 2024
satish
Whether speaking/reasoned : YES / NO
Whether reportable : YES / NO
