Punjab-Haryana High Court
Nishu Chopra And Ors vs State Of Punjab And Ors on 2 March, 2023
RITTU 2023.03.02 17:02 239 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.52069 of 2019 Date of Decision: 02.03.2023 Nishu Chopra and others .... Petitioners versus State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE GURBIR SINGH Present: Mr. Swarn Tiwana, Advocate for the petitioners. Mr. Gurpreet Singh Shergill, AAG, Punjab. Mr. Balbir Singh Saini, Advocate for respondents No.2 and 3. 3h 3K 2K 2 ok GURBIR SINGH, J (ORAL)
This is a petition filed under Section 482 Cr.P.C. for quashing of DDR No.30, dated 13.05.2019, under Sections 326, 323, 34 of IPC in FIR No.112, dated 11.05.2019, under Sections 326, 323, 451, 506, 34 of IPC (later on offence under Section 307 of IPC has been deleted), registered at Police Station Jamalpur, Police Commissionerate, District Ludhiana and all subsequent proceedings arising therefrom, on the basis of compromise dated 27.05.2019/02.11.2019, effected between the parties.
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 dated 28.02.2020 from the | attest to the accuracy and integrity of this document RITTU 2023.03.02 17:02 CRM-M No.52069 of 2019 -2- Judicial Magistrate, Ist Class, Ludhiana has been received through the District & Sessions Judge, Ludhiana, with statements of the parties, in which, it has been mentioned that the compromise is genuine and is effected voluntarily, without any pressure, coercion or undue influence from any quarter.
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 vs. State of Punjab and another', 2012 (4) RCR (Criminal) 543.
In view of the aforesaid report of the Judicial Magistrate, Ist Class, Ludhiana accompanied by statement of both the parties, the instant petition is allowed. Consequently, the impugned DDR No.30, dated 13.05.2019, under Sections 326, 323, 34 of IPC in FIR No.112, dated 11.05.2019, under Sections 326, 323, 451, 506, 34 of IPC (later on offence under Section 307 of IPC has been deleted), registered at Police Station Jamalpur, Police Commissionerate, District Ludhiana and all subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise, gua the petitioners only.
02.03.2023 (GURBIR SINGH) rittu JUDGE Whether speaking/reasoned_ : Yes/No Whether reportable : Yes/No | attest to the accuracy and integrity of this document