Punjab-Haryana High Court
Sucha Singh And Anr vs State Of Punjab And Others on 8 September, 2022
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-28521-2022 (O & M)
Date of decision:08.09.2022
Sucha Singh and anr. ...... Petitioners
V/s
State of Punjab and ors. ...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Abhinav Singh, Advocate
for Mr. Sarju Puri, Advocate, for the applicant-petitioners.
Mr. Ravinder Singh, AAG, Punjab.
Mr. Sandeep Sharma, Advocate
for Mr. Shvetanshu Goel, Advocate,
for respondents No.2 to 4.
*****
JASJIT SINGH BEDI, J. (Oral)
The prayer in this petition is for quashing of the FIR No.28 dated 26.03.2020 under Sections 353, 186, 332, 333 IPC (Sections 324 and326 IPC deleted later on vide DDR No.68 dated 30.07.2020) registered at Police Station Rahon, District SBS Nagar and all subsequent proceedings arising therefrom on the basis of compromise dated 09.05.2022 (Annexure P-3) arrived at between the parties.
Vide order dated 07.07.2022 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded in terms of certain parameters given in the aforesaid order dated 07.07.2022 with regard to the compromise (Annexure P-3).
In terms of the order dated 07.07.2022 passed by this Court parties have appeared before the court of Additional Sessions Judge, Shaheed Bhagat Singh Nagar and as per his report dated 17.08.2022 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 1 of 2 ::: Downloaded on - 14-09-2022 00:26:05 ::: CRM-M-28521-2022 (O & M) ::2::
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 Additional Sessions Judge, Shaheed Bhagat Singh Nagar, accompanied by the joint statement of both the parties, the FIR No. FIR No.28 dated 26.03.2020 under Sections 353, 186, 332, 333 IPC (Sections 324 and326 IPC deleted later on vide DDR No.68 dated 30.07.2020) registered at Police Station Rahon, District SBS Nagar and all subsequent proceedings arising therefrom are hereby quashed qua the petitioners herein.
Petition stands disposed of.
( JASJIT SINGH BEDI)
JUDGE
September 08, 2022
sukhpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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