Punjab-Haryana High Court
Abhishek vs State Of Haryana And Another on 21 March, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:040832
266 2024:PHHC:040832
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-5333-2024
Date of decision :21.03.2024
ABHISHEK
... Petitioner(s)
Versus
STATE OF HARYANA AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Naveen Kashyap, Advocate
for the petitioner(s).
Mr. Rajiv Goel, DAG, Haryana.
Mr. Vishwajeet Mehta, Advocate
for respondent No.2.
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JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.617
dated 22.06.2023 (Annexure P-1) registered under Sections 365, 506 and
511 IPC at Police Station Sadar Karnal, District Karnal along with all
consequential proceedings arising therefrom on the basis of a
compromise arrived at between the parties.
Vide order dated 05.02.2024 this Court had directed the
parties to appear before Illaqa Magistrate for getting their statements
recorded with regard to the compromise dated 15.01.2024 (Annexures P-
2 & P-3) and 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 05.02.2024 passed by this Court,
the parties have appeared before the learned Addl. Chief Judicial
Magistrate, Karnal and as per the report dated 06.07.2024 submitted to
this Court, both the parties have got recorded their respective statements
in Court.
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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
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 learned Addl. Chief
Judicial Magistrate, Karnal accompanied by statements of both the
parties, the FIR No.617 dated 22.06.2023 (Annexure P-1) registered
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under Sections 365, 506 and 511 IPC at Police Station Sadar Karnal,
District Karnal along with all consequential proceedings arising
therefrom are hereby quashed qua the petitioner only.
Petition stands disposed of.
(JASJIT SINGH BEDI)
JUDGE
21.03.2024
JITESH
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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