Punjab-Haryana High Court
Gurpej Singh And Another vs State Of Haryana And Others on 8 May, 2024
Neutral Citation No:=2024:PHHC:064425
286 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
2024:PHHC:064425
CRM-M-60457-2023
Date of Decision: May 08, 2024
Gurpej Singh and another ...Petitioners
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. G.S. Sandhu, Advocate for the petitioners.
Mr. Randhir Singh, Addl. A.G., Haryana.
Mr. Dinesh Maurya, Advocate for respondent Nos.2 to 4.
DEEPAK GUPTA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.27 dated 10.01.2016, under Sections 323, 324, 326,
506, 452 and 34 of IPC, registered at Police Station Assandh, District Karnal
and all subsequent proceedings arising therefrom including the judgment
dated 29.03.2023 passed by learned Addl. Sessions Judge, Karnal (Annexure
P-2) on the basis of compromise dated 19.04.2023 (Annexures P-3 to P-5).
2. Learned counsel for the petitioner contends that petitioner has
been convicted by Trial Court vide judgment dated 29.03.2023 under
Sections 324, 326 and 452 of the IPC and sentenced to undergo maximum
rigorous imprisonment for 2 years in addition to fine of `6,000/- with default
sentence. Against the said judgment of conviction and order of sentence,
petitioner has filed appeal bearing No.CRA-S-1259-2023 before this Court,
which is pending adjudication for 29.05.2023. Prayer is made to quash the
judgment of conviction and order of sentence, as matter has since been
compromised.
1 of 3
Neutral Citation No:=2024:PHHC:064425
CRM-M-60457-2023 -2- 2024:PHHC:064425
3. Learned counsel has referred to "Ramgopal and another v.
State of Madhya Pradesh" 2021 SCC Online SC 834, to contend that
criminal proceedings involving non-henious offences or where offences are
pre-dominantly of a private nature, can be annulled irrespective of the fact
that trial has been concluded and appeal stands dismissed against conviction,
under extraordinary powers enjoined upon the High Court under Section 482
Cr.P.C.
4. This Court vide order dated 11.03.2024 had directed the parties
to appear before the trial Court to get their statements recorded and the
learned Magistrate was directed to send its report qua the genuineness of the
compromise.
5. Pursuant to the aforesaid order, parties have appeared before
learned Addl. Sessions Judge, Karnal and got their statements recorded. On
the basis of the statements so recorded, learned Addl. Sessions Judge has
submitted report dated 05.04.2024 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
undue influence.
6. Learned State counsel as well as learned counsel for respondent
Nos.2 to 4 conced the factum of the compromise amongst the parties and
have no objection to allow the petition and set aside the impugned judgment
of conviction and order of sentence on account of the compromise having
been effected between the parties.
7. Consequent to the aforesaid facts and circumstances and having
regard to the legal position as explained in Ramgopal's case (supra), the
impugned judgment of conviction and order of sentence, are hereby set aside
on account of the compromise between the parties.
2 of 3
Neutral Citation No:=2024:PHHC:064425
CRM-M-60457-2023 -3- 2024:PHHC:064425
8. In view of the aforesaid facts and circumstances, this petition is
allowed and F.I.R. No.27 dated 10.01.2016, under Sections 323, 324, 326,
506, 452 and 34 of IPC, registered at Police Station Assandh, District Karnal
and all subsequent proceedings arising therefrom including the judgment
dated 29.03.2023 passed by learned Addl. Sessions Judge, Karnal (Annexure
P-2) on the basis of compromise dated 19.04.2023 (Annexures P-3 to P-5),
are quashed qua the petitioners.
May 08, 2024 (DEEPAK GUPTA)
sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
3 of 3
