Jugraj Singh And Another vs State Of Punjab And Another on 20 October, 2023

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Punjab-Haryana High Court

Jugraj Singh And Another vs State Of Punjab And Another on 20 October, 2023

Bench: Avneesh Jhingan

                                                    Neutral Citation No:=2023:PHHC:137369




CRM-M- 19545 of 2023                                   [1]
2023:PHHC:137369

            IN THE HIGH COURT OF PUNJAB & HARYANA
                            AT CHANDIGARH
243
                                 CRM-M-19545 of 2023
                                 Date of decision: 20th October, 2023


Jugraj Singh and another                                            Petitioners
                                     Versus

State of Punjab and another                                         Respondents


CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:    Mr. Gaurav Kalsi, Advocate for
            Mr. H.S. Batth, Advocate for the petitioners.
            Mr. Jashanpreet Singh, DAG, Punjab.
            Mr. Krishan Kanha, Advocate for
            Mr. N.S. Lucky, Advocate for the complainant.

AVNEESH JHINGAN, J (Oral):

1. This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 118 dated 18.9.2022 under Sections 323/324/34 IPC, 1860 registered at Police Station Chohla Sahib, District Tarn Taran and all other subsequent proceedings arising therefrom on the basis of compromise

2. As per the FIR, in an incident on 14.09.2022, an altercation took place and injuries were inflicted.

3. The parties with the intervention of respectables have compromised the matter.

4. On 21.8.2023, the parties were directed to appear before the Illaqa Magistrate/trial court for getting their statements recorded with regard to compromise.

5. The report dated 21.9.2023 is received stating that the compromise is genuine, voluntary, without any coercion or undue influence and there are two accused (petitioners herein) and they have not been declared as proclaimed offender.

6. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-

1 of 2 ::: Downloaded on - 21-10-2023 16:04:38 ::: Neutral Citation No:=2023:PHHC:137369 CRM-M- 19545 of 2023 [2] 2023:PHHC:137369 "There is no statutory bar in Cr.P.C. which affects inherent power of this Court under Section 482. The power of quashing is not limited to matrimonial cases alone."

7. The Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, 2017 AIR (SC) 4843 laid down the broad principles governing the exercise of powers for quashing of FIR. It was held that the power under Section 482 Cr.P.C. is to be exercised by the High Court to secure the ends of justice, to prevent abuse of any process of law and in cases where in view of the compromise the possibility of conviction is remote and continuation of proceeding will cause oppression and prejudice.

8. The parties are from same village. They have compromised the matter and have decided to forget and forgive. No useful purpose would be served by continuing with the trial. Due to compromise, there are bleak chances of conviction. To meet the ends of justice, the FIR mentioned above and all consequential proceedings arising therefrom are quashed.

9. The petition is allowed.

[AVNEESH JHINGAN] JUDGE 20th October, 2023 anuradha

1. Whether speaking/ reasoned : Yes / No

2. Whether reportable : Yes / No Neutral Citation No:=2023:PHHC:137369 2 of 2 ::: Downloaded on - 21-10-2023 16:04:38 :::

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