Punjab-Haryana High Court
Raghvir Singh And Anr vs State Of Punjab And Anr on 25 October, 2024
Neutral Citation No:=2024:PHHC:140590
CRM-M-39174-2024(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
248 CRM-M-39174-2024(O&M)
Date of Decision: 25.10.2024
RAGHVIR SINGH AND ANR ....Petitioners
VERSUS
STATE OF PUNJAB AND ANR ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Ms. Madhu Bala, Advocate for
Mr. Janak Singh Bhinder, Advocate for the petitioner.
Mr. Satjot Singh, AAG, Punjab.
Ms. Rupinder Kaur, Advocate for
Mr. Jagmeet Singh Moudgil, Advocate for respondent no.2.
MANISHA BATRA, J. (Oral)
1. The present petition has been filed under Section 482 of Code
of Criminal Procedure for quashing of FIR No.101 dated 06.04.2018
under Sections 384, 389, 120-B of IPC registered at Police Station City
Sangrur, District Sangrur, Punjab and all the subsequent proceedings
arising therefrom, on the basis of compromise dated 09.07.2024
(Annexure P-2).
2. This Court vide order dated 12.08.2024 had directed the
parties to appear before the Illaqa/Duty Magistrate to get their statements
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recorded and the learned Magistrate was directed to send its report qua the
genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before
the learned Chief Judicial Magistrate, Sangrur and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate
has submitted report dated 03.09.2024 to the effect that the compromise
has been effected between the parties voluntarily and without any
coercion or undue influence. It is also mentioned in the report that
Raghvir Singh and Makhan Singh and Harjit Kaur have been arrayed as
accused in this case. However, through this petition the present petitioners
namely Raghvir Singh and Makhan Singh and the complainant have
compromised the matter. It is also further stated in the report that they
have compromised the matter voluntarily with victim Teja Singh as well.
However, name of victim Teja Singh had not been arrayed as party in the
instant petition. Separate statements of present petitioners and
complainant/respondent No.2 as well as the Investigating Officer had
been recorded. Statement of Teja Singh (one of the victims) whose name
has also been recorded in FIR, had been recorded separately. It is further
mentioned in the report that except petitioners Raghvir Singh and Makhan
Singh, there is one another accused namely Harjit Kaur who is not party
to the CRM-M-39174-2024 and has been declared as proclaimed offender
in the present case vide order dated 08.11.2023.
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4. The factum of compromise having arrived at between the
parties has not been disputed by learned State counsel as well as counsel
for respondent No.2. Learned State counsel, however, has submitted that
it is a case of partial compromise as the co-accused is not a party to the
same and it might have repercussions upon the trial. In the opinion of this
Court, since it has come on record that the compromise has been effected
between the parties to maintain peace and harmony and as there are bleak
chances of conviction of the petitioners, therefore, partial quashing or part
quashing of the FIR qua the petitioner only, can be allowed. In this regard
reliance can be placed upon the observations made by Delhi High Court
in "Sunil Tomar Vs. State of NCT of Delhi", 2022(2) Crl. CC 179 and
"Lovely Salhotra and another vs. State of NCT of Delhi", (2018) 12
SCC 391 as well as judgments passed by the co-ordinate Bench of this
Court in "Parambir Singh Gill vs. Malkiat Kaur", 2010 (1) RCR
(Criminal) 256 and "Samay Singh vs. State of Haryana" 2023
NCPHHC 99612.
5 As per the discussion so made above, no useful purpose
would be served to continue with the proceedings before the trial Court in
the instant FIR.
6 Following the principles laid down by the Full Bench
judgment of this Court in Kulwinder Singh and others Versus State of
Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by
the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and
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others (2012) 10 SCC 303, this petition is allowed and FIR No.101 dated
06.04.2018 under Sections 384, 389, 120-B of IPC registered at Police
Station City Sangrur, District Sangrur, Punjab and all subsequent
proceedings arising therefrom on the basis of compromise dated
09.07.2024 (Annexure P-2) are quashed qua the petitioners herein only.
( MANISHA BATRA )
25.10.2024 JUDGE
Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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