Punjab-Haryana High Court
Bhupinder Singh And Anr vs State Of Haryana And Others on 3 November, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRM-M-47129-2023 2023:PHHC:140559 265 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47129-2023 (O&M) Date of Decision:- 03.11.2023 Bhupinder Singh and another ...Petitioners Versus State of Haryana and Others ...Respondents CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr.G.S.Brar, Advocate for the petitioners. Mr.Rajiv Goel, DAG, Haryana. Mr.Arman Gagneja, Advocate for respondents No.2 and 3. oR ok Jasjit Singh Bedi, J. (Oral)
The prayer in this petition is for quashing of FIR No.363 dated 13.06.2023 under Sections 323, 324, 506, 34 IPC (Section 326 IPC added later on vide DDR No.12 dated 29.07.2023), registered at Police Station City Mandi Dabwali District Sirsa and all consequential proceedings arising therefrom on the basis of compromise dated 21.08.2023 (Annexure P-2) arrived at between the parties.
Vide order dated 19.09.2023 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 19.09.2023 with regard to the compromise dated 21.08.2023 (Annexure P-2).
In terms of the order dated 19.09.2023 passed by this Court parties have appeared before the court of Munish Kumar, Sub Divisional Judicial Magistrate Dabwali and as per report dated 04.10.2023 submitted SUDHIR KUMAR 2023.11.04 10:23 | attest to the accuracy and authenticity of this judicial document CRM-M-47129-2023 to this Court, both the parties have got recorded their respective statements in Court.
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.
In view of the aforesaid report of the learned Sub Divisional Judicial Magistrate Dabwali accompanied by statements of both the parties, FIR No.363 dated 13.06.2023 under Sections 323, 324, 506, 34 IPC (Section 326 IPC added later on vide DDR No.12 dated 29.07.2023), registered at Police Station City Mandi Dabwali District Sirsa and all consequential proceedings arising therefrom are hereby quashed.
Petition stands disposed of.
03.11.2023 (JASJIT SINGH BEDI) sd JUDGE Whether speaking/reasoned: Yes/No. Whether reportable: Yes/No. SUDHIR KUMAR 2023.11.04 10:23 | attest to the accuracy and authenticity of this judicial document