Punjab-Haryana High Court
Balwant Singh And Ors vs State Of Punjab And Another on 28 September, 2022
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRM-M-28618-2022 #1#
209
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-28618-2022
Date of Decision:-28.09.2022
BALWANT SINGH AND OTHERS
... Petitioners
Versus
STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Sanjeev Kumar, Advocate for
Mr. Jasdeep Singh, Advocate for the petitioners.
Mr. Kirat Singh Sidhu, D.A.G, Punjab.
Mr. Vicky Sharma, Advocate for
Mr. P.K. Kapila, Advocate for respondent No.2.
***
JASJIT SINGH BEDI, J.(ORAL)
The prayer in this petition is for quashing of an FIR No.69 dated 02.05.2021 (Annexure P-1) registered under Sections 324, 149 IPC (Sections 326, 34 IPC was added later on) at Police Station Talwandi Sabo, District Bathinda 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 07.07.2022 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 01.06.2022 (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 07.07.2022 passed by this Court, 1 of 2 ::: Downloaded on - 31-12-2022 23:24:08 ::: CRM-M-28618-2022 #2# the parties have appeared before the learned Judicial Magistrate, 1 st Class, Talwandi Sabo, District Bathinda and as per the report dated 26.07.2022 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. 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, District Bathinda accompanied by statements of both the parties, the FIR No.69 dated 02.05.2021 (Annexure P-1) registered under Sections 324, 149 IPC (Sections 326, 34 IPC was added later on) 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
September 28, 2022
Sukhpreet
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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