Punjab-Haryana High Court
Balor Singh @ Jalor Singh And Anr vs State Of Punjab And Ors on 17 November, 2022
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
202
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-35583-2022
Date of decision : 17.11.2022
BALOR SINGH @ JALOR SINGH AND ANR
... Petitioner(s)
Versus
STATE OF PUNJAB AND ORS
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Tarun Singla, Advocate
for the petitioner(s).
Mr. Kirat Singh Sidhu, D.A.G, Punjab.
Mr. Gagandeep Singh Simble, Advocate
for respondent Nos.2 and 3.
****
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.227 dated 11.12.2021 registered under Sections 325, 323, 34 IPC at Police Station Talwandi Sabo, District Bathinda along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the parties.
Vide order dated 10.08.2022 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 04.08.2022 (P-2).
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 10.08.2022 passed by this Court, the parties have appeared before the learned Judicial Magistrate, 1st Class, Talwandi Sabo and as per the report dated 08.09.2022 submitted 1 of 2 ::: Downloaded on - 19-11-2022 05:44:20 ::: CRM-M-35583-2022 -2- 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. 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 Judicial Magistrate, 1st Class, Talwandi Sabo accompanied by statements of both the parties, the FIR No.227 dated 11.12.2021 registered under Sections 325, 323, 34 IPC at Police Station Talwandi Sabo, District Bathinda along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.
Petition stands disposed of.
(JASJIT SINGH BEDI) JUDGE 17.11.2022 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No 2 of 2 ::: Downloaded on - 19-11-2022 05:44:20 :::