Punjab-Haryana High Court
Ramesh Chander@Meshi And Ors vs State Of Punjab And Others on 10 January, 2023
CRM-M-20472-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
207
CRM-M 20472 of 2022
Date of Decision: 10.01.2023
Ramesh Chander @ Meshi and Ors.
......Petitioners
Versus
State of Punjab and Ors.
.....Respondents
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH.
Present: Mr. Satbir Singh Gill, Advocate for the petitioners.
Mr. G.S. Shergill, AAG Punjab.
Mr. Shubham, Advocate for respondents No. 2to 4.
GURBIR SINGH, J (ORAL)
Petitioner has filed this petition under Section 482 Cr.P.C. for quashing of FIR No.65 dated 06.12.2019 under Sections 323, 324, 148, 149 IPC, registered at Police Station Verka, District Amritsar, and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise (Annexure P-2).
Learned counsel for the parties have stated that the present FIR may be quashed as the parties have amicably settled the dispute.
During the course of preliminary hearing, the trial Court was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise by this Court.
In compliance thereof, report from learned Judicial Magistrate Ist Class, Amritsar, has been received through District and Sessions Judge, Amritsar with statements of parties, in which, it has been mentioned that the compromise is genuine and valid and outcome of free consent of the parties and is without coercion from any quarter.
1 of 2 ::: Downloaded on - 13-01-2023 02:35:44 ::: CRM-M-20472-2022 -2- The powers under Section 482 Cr. P.C. 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 and others vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and "Gian Singh Versus State of Punjab and another", 2012(4) RCR (Criminal)
543. In view of aforesaid report of the learned Judicial Magistrate Ist Class, Amritsar, accompanied by statement of both the parties, the instant petition is allowed. Consequently, the impugned FIR No.65 dated 06.12.2019 under Sections 323, 324, 148, 149 IPC, registered at Police Station Verka, District Amritsar and all subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise, qua the petitioners only.
(GURBIR SINGH)
10.01.2023 JUDGE
jyoti3
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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