Punjab-Haryana High Court
Varinder Pal vs State Of U.T.,Chandigarh And Another on 29 August, 2022
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRM-M-18157-2022 -1-
(285) IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-18157-2022
Date of decision : 29.08.2022
VARINDER PAL
... Petitioner
Versus
STATE OF U.T. CHANDIGARH & ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Ashish K. Gupta, Advocate for the petitioner.
Mr. Y.S. Rathore, A.P.P. for U.T. Chandigarh.
Mr. Surender Pal, Advocate for respondent No.2.
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JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.321 dated 29.09.2017 (Annexure P-1) registered under Sections 279, 337, 338 IPC (Section 338 IPC added later on) at Police Station Central Sector 17, Chandigarh along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the petitioner and respondent no.2.
Vide order dated 02.05.2022 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 20.04.2022 (P-3).
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 02.05.2022 passed by this Court, the parties have appeared before the learned Judicial Magistrate, 1st Class, Chandigarh and as per the report dated 22.07.2021 submitted to 1 of 2 ::: Downloaded on - 01-09-2022 23:31:13 ::: CRM-M-18157-2022 -2- 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, Chandigarh accompanied by statements of both the parties, the FIR No.321 dated 29.09.2017 (Annexure P-1) registered under Sections 279, 337, 338 IPC (Section 338 IPC added later on) at Police Station Central Sector 17, Chandigarh along with all consequential proceedings arising therefrom are hereby quashed qua the petitioner.
Petition stands disposed of.
(JASJIT SINGH BEDI) JUDGE 29.08.2022 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No 2 of 2 ::: Downloaded on - 01-09-2022 23:31:13 :::