Punjab-Haryana High Court
Jaspal Singh Alias Jassi vs State Of Punjab And Anr on 13 March, 2024
Neutral Citation No:=2024:PHHC:036726
2024:PHHC:036726
CRM-M-6110-2024 1
269 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-6110-2024 (O&M)
Date of Decision: 13.03.2024
JASPAL SINGH @ JASSI
...Petitioner
V/S
STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Arjun Veer Sharma, Advocate
for the petitioner.
Mr. Rishabh Singla, AAG Punjab.
Mr. Ankit Gupta, Advocate for
Mr. Gaurav Goyal, Advocate for respondent No. 2.
****
HARPREET SINGH BRAR J. (Oral)
1. This petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashing of FIR No. 58 dated 20.03.2005
registered under Sections 382, 506, 452, 324 and 34 of Indian Penal Code at
Police Station Kotwali Barnala, District Barnala and all subsequent
proceedings arising therefrom including the judgment of conviction and
order of sentence dated 28.11.2011 passed by learned Judicial Magistrate Ist
Class, Barnala and judgment dated 15.10.2012 passed by learned Additional
Sessions Judge, Barnala upholding the judgment passed by the trial Court,
in view of the affidavit dated 18.12.2023 (Annexure P-3) of the
complainant.
2. The following order was passed on 08.02.02024:
"The present petition has been filed under
Section 482 Cr.P.C. seeking quashing of FIR No. 58 dated
20.03.2005 registered under Sections 382, 506, 452, 324, 34
of Indian Penal Code registered at Police Station Kotwali
Barnala, District Barnala and all subsequent proceedings
arising therefrom including the judgment of conviction and
order of sentence dated 28.11.2011 (Annexure P-1) as well
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2024:PHHC:036726
as judgment of conviction dated 15.10.2012 (Annexure P-2)
passed by learned Additional Sessions Judge, Barnala on the
basis of compromise dated 18.12.2023 (Annexure P-3).
Learned counsel for the petitioners relies upon Ram
Gopal and another vs. State of Madhya Pradesh, 2021 SCC
Online SC 834 to contend that even after the conviction of the
accused the proceedings can be quashed on the basis of
compromise during the pendency of the appeal.
Notice of motion.
At this stage, on the asking of the Court Mr. Subhash
Godara, Addl. A.G. Punjab accepts notice on behalf of
respondent No.1-State and Mr. Gaurav Goyal, Advocate accepts
notice on behalf of respondent No. 2 and files his Power of
Attorney and admits to the factum of compromise. Copy of the
paper book be supplied to them during the course of day.
Service is complete.
The parties are directed to appear before the learned
trial Court/ Illaqa Magistrate within two weeks or any other date
convenient to concerned Court to get their statements recorded
regarding compromise and after recording their statements,
learned trial Court/Illaqa Magistrate is directed to send report
regarding the genuineness of compromise and also to intimate
whether any PO proceedings are pending against any of the
petitioners on or before the date fixed i.e. 13.03.2024.
A copy of the order be sent to the learned trial
Court/Illaqa Magistrate through fax for compliance."
3. In compliance of the aforesaid order, a report has been received
from the concerned jurisdictional Court that the compromise between the
parties is genuine and arrived at without any pressure or coercion from
anyone.
4. Learned counsel for the petitioners submits that in view of the law
laid down by Hon'ble Supreme Court in Jayrajsinh Digvijaysinh Rana Vs.
State of Gujrat and Another 2012(4) RCR (Crl.) 589 and this Court in
Parambir Singh Gill Vs. Malkiat Kaur 2010(1) RCR (Crl.) 256
and, partial compromise is permissible.
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5. In view of the compromise and the ratio of law laid down by the
Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab
and another, (2014) 6 SCC 466, Ramgopal and another Vs. State of
Madhya Pradesh 2021 SCC OnLine SC 834 and Shakuntala Sawhney
(Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench
of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR
(Crl.) 1052, this petition is allowed and FIR No. 58 dated 20.03.2005
registered under Sections 382, 506, 452, 324 and 34 of Indian Penal Code at
Police Station Kotwali Barnala, District Barnala and all subsequent
proceedings arising therefrom including the judgment of conviction and
order of sentence dated 28.11.2011 passed by learned Judicial Magistrate Ist
Class, Barnala and judgment dated 15.10.2012 passed by learned Additional
Sessions Judge, Barnala are quashed, qua the petitioner.
(HARPREET SINGH BRAR)
13.03.2024 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:036726
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