Punjab-Haryana High Court
Gurpreet Singh @ Gopi And Anr vs State Of Punjab And Anr on 20 February, 2018
Author: Raj Mohan Singh
Bench: Raj Mohan Singh
CRM-M No.32211 of 2017 1
256-A
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.32211 of 2017
Date of Decision: 20.02.2018
Gurpreet Singh @ Gopi and another
......Petitioners
Vs
State of Punjab and another
.....Respondents
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. A.K. Spehia, Advocate
Mr. Rajesh Bhatheja, Advocate
for the petitioners.
Mr. Randhir Singh Thind, DAG, Punjab.
Mr. Sandeep Sharma, Advocate
for respondent No.2.
****
RAJ MOHAN SINGH, J. (Oral)
Prayer in this petition is for quashing of DDR No.28 dated 16.05.2017 registered under Sections 324, 34 IPC (Section 326 IPC added later on) at Police Station Bilga, District Jalandhar Rural recorded in FIR No.51 dated 14.05.2017 registered under Sections 323, 324, 451, 148, 149, 506 IPC (Section 326 IPC added later on) at Police Station Bilga, District Jalandhar Rural as well as all the subsequent proceedings 1 of 4 ::: Downloaded on - 04-03-2018 11:01:03 ::: CRM-M No.32211 of 2017 2 arising therefrom on the basis of compromise.
Vide order dated 31.08.2017, parties were directed to appear before trial Court and the Magistrate was directed to record their statements and submit its report qua the genuineness of the compromise effected between the parties.
In pursuance of said order, Judicial Magistrate First Class, Phillaur, District Jalandhar after recording statements of the parties, has reported that the compromise effected between the parties is genuine, voluntary and without any undue influence and coercion.
This Court is of the opinion that in view of compromise between the parties, chances of conviction of the accused are remote and there is minimal chance of the witnesses coming forward to depose in support of prosecution version. In view of remote chances of conviction, it would be appropriate to exercise discretionary power of this Court under Section 482 Cr.P.C. to put an end to the controversy for all times to come. The compromise would facilitate both the parties to live in peace and to maintain public tranquility and offence in question is personal in nature and does not involve any heinous and serious offence of any mental depravity, nor it involves any offence covered under Prevention of Corruption Act. Therefore, when possibility of conviction is remote and bleak, continuation 2 of 4 ::: Downloaded on - 04-03-2018 11:01:04 ::: CRM-M No.32211 of 2017 3 of criminal proceedings would put the accused to oppression and prejudice. In such a situation the exercise of power to quash the proceedings would be in consonance with the provisions of law to meet ends of justice and to prevent unnecessary continuation of proceedings which may ultimately result in some unnecessary vagaries of criminal trial.
Learned State counsel, however, objects to the aforesaid course, but in order to prevent unnecessary continuation of criminal proceedings on the ground that there are bleak chances of conviction in the case, this Court is of the opinion that it would be in fitness of things to quash the proceedings on the basis of compromise.
The compromise in question is fully in consonance with the guidelines framed in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052 and Gian Singh vs. State of Punjab and another 2012 (4) RCR (Crl.)
543. Resultantly, DDR No.28 dated 16.05.2017 registered under Sections 324, 34 IPC (Section 326 IPC added later on) at Police Station Bilga, District Jalandhar Rural recorded in FIR No.51 dated 14.05.2017 registered under Sections 323, 324, 451, 148, 149, 506 IPC (Section 326 IPC added later on) at Police Station Bilga, District Jalandhar Rural and all the 3 of 4 ::: Downloaded on - 04-03-2018 11:01:04 ::: CRM-M No.32211 of 2017 4 subsequent proceedings arising therefrom, are quashed.
Petition stands disposed of.
February 20, 2018 (RAJ MOHAN SINGH)
Prince JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
4 of 4
::: Downloaded on - 04-03-2018 11:01:04 :::