Punjab-Haryana High Court
Taranjeet Singh @ Taranjit Singh vs State Of Punjab And Others on 12 February, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:018973
CRM-M-53366-2023 #1# 2024:PHHC:018973
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-53366-2023
Date of Decision:-12.02.2024
Taranjeet Singh @ Taranjit Singh.
......Petitioner.
Versus
State of Punjab & Anr.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Sapan Dhir, Advocate for the Petitioner.
Ms. Amrita Garg, Assistant Advocate General, Punjab.
Ms. Nancy Vashistha, Avocate for
Ms. Prarthana Dugga, Advocate for respondent nos.2 & 3.
***
JASJIT SINGH BEDI, J.(ORAL)
The Prayer in this petition is for quashing of FIR No.23 dated 14.03.2016 (Annexure P-1) under Sections 279, 337, 338 IPC registered at Police Station Mulepur, District Fatehgarh Sahib and all consequential proceedings as well as Judgment and Conviction Order dated 09.10.2019 (Annexure P-2) passed by ld. JMIC Fatehgarh Sahib in case no.CHI-2 of 2017 titled as State Vs. Taranjit Singh on the basis of compromise dated 07.10.2023 (Annexure P-4) arrived at between the parties.
Vide order dated 19.10.2023 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 19.10.2023 1 of 3 ::: Downloaded on - 13-02-2024 03:56:17 ::: Neutral Citation No:=2024:PHHC:018973 CRM-M-53366-2023 #2# 2024:PHHC:018973 with regard to the compromise dated 07.10.2023 (Annexure P-4).
The Illaqa Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order.
Pursuant to the order dated 19.10.2023 passed by this Court, the parties have appeared before Dr. Harpreet Kaur, Additional District & Sessions Judge, Fatehgarh Sahib and as per the report dated 23.11.2023 submitted to this Court, both the parties have got recorded their respective statements in Court.
A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence.
The Hon'ble Supreme Court in "Ramgopal and another versus State of Madhya Pradesh, 2021(4) RCR (Criminal) 322", has held that in non-compoundable cases of pre-dominantly private nature, even if compromise is reached after conviction, the proceedings can be quashed under Section 482 Cr.P.C. Further, the compromise in the present case is found to be fully in consonance of judgments with the direction issued by the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (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 Additional District & Sessions Judge, Fatehgarh Sahib accompanied by statements of both the parties, the FIR No.23 dated 14.03.2016 (Annexure P-1) under Sections 279, 337, 338 IPC registered at Police Station Mulepur, District Fatehgarh Sahib along with all consequential proceedings arising therefrom including the appeal proceedings pending qua the judgment of conviction 2 of 3 ::: Downloaded on - 13-02-2024 03:56:18 ::: Neutral Citation No:=2024:PHHC:018973 CRM-M-53366-2023 #3# 2024:PHHC:018973 before ASJ, Fatehgarh Sahib are hereby quashed qua the petitioners.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
February 12, 2024
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:018973
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