Punjab-Haryana High Court
Simaranjit Singh Mann vs State Of Punjab And Others on 5 September, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2023:PHHC:116750
CRM-M-26660-2023 #1# 2023:PHHC:116750
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-26660-2023
Date of Decision:-05.09.2023
Simranjit Singh Mann.
......Petitioner.
Vs.
State of Punjab & Ors.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Sahil Matharoo, Advocate for
Mr. S.S. Dhaliwal, Advocate for the Petitioner.
Mr. Harkanwar Jeet Singh, AAG Punjab.
Mr. J.S. Sohal, Advocate for
Ms. Sukhanpreet Kaur Rangi, Advocate for
respondent nos.2 to 4.
***
JASJIT SINGH BEDI, J.(ORAL)
The prayer in this petition is for quashing of FIR No.0077 dated 02.10.2020 (Annexure P-1) under Sections 324, 341, 323, 294, 506, 148, 149 IPC registered at P.S. Sudhar, District Ludhiana Rural and all consequential proceedings arising therefrom on the basis of compromise in the shape of affidavit dated 11.05.2023 (Annexure P-2) arrived at between the parties.
Vide order dated 25.05.2023 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 25.05.2023 with regard to the compromise dated 11.05.2023 (Annexure P-2).
In terms of the order dated 25.05.2023 passed by this Court 1 of 3 ::: Downloaded on - 18-09-2023 21:55:01 ::: Neutral Citation No:=2023:PHHC:116750 CRM-M-26660-2023 #2# 2023:PHHC:116750 parties have appeared before the court of Sh. Simarjit Singh, Judicial Magistrate Ist Class, Jagraon and as per report dated 19.07.2023 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".
Further, the learned counsel for the petitioners, while placing reliance upon the judgments passed by the Hon'ble Supreme Court in Jayrajsinh Digvijaysinh Rana Versus State of Gujarat and another, 2012(4) R.C.R. (Criminal) 589 and this Court in Joginder Singh & another Vs. State of Punjab and another, CRM-M-23739-2010 decided on 27.04.2011, Rajinder Singh Vs. State of Punjab & another, CRM-M- 37395-2016 decided on 16.05.2017, Bhoj Raj Vs. State of Punjab & another, CRM-24945-2019 decided on 27.09.2019 and Vimal Kalra & others Versus State of Punjab & another, CRM-M-20355-2022, decided on 25.07.2022 submits that partial quashing of the FIR was possible on the basis of a compromise.
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Neutral Citation No:=2023:PHHC:116750
CRM-M-26660-2023 #3# 2023:PHHC:116750
In view of the aforesaid report of the learned Judicial Magistrate Ist Class, Jagraon accompanied by statements of both the parties, the FIR No.0077 dated 02.10.2020 (Annexure P-1) under Sections 324, 341, 323, 294, 506, 148, 149 IPC registered at P.S. Sudhar, District Ludhiana Rural and all consequential proceedings arising therefrom are hereby quashed qua the petitioner only.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
September 05, 2023
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:116750
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