Punjab-Haryana High Court
Prithvipal Singh And Ors vs State Of Punjab And Others on 24 November, 2022
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRM-M-36821-2022(O&M) #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-36821-2022(O&M)
Date of Decision:-24.11.2022
Prithvipal Singh & Ors.
......Petitioners.
Versus
State of Punjab & Ors.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Neeraj Yadav, Advocate for the Petitioners.
Ms. Ramta Chowdhary, Deputy Advocate General, Punjab.
Mr. Raj Karan Singh Verka, Advocate for
respondent nos.2 to 5.
***
JASJIT SINGH BEDI, J.(ORAL)
The Prayer in this petition is for quashing of DDR No.24 dated 19.09.2020 under Sections 323, 324, 148, 149 IPC registered with Police Station Jhabal, District Tarn Taran in FIR No.335 dated 17.09.2020 under Sections 323, 324, 506, 148 and 149 IPC (Section 326 IPC added later on and offence under Sections 324 and 326 IPC deleted vide diary no.21 dated 17.07.2021) registered at Police Station Jhabal, District Tarn Taran and all consequential proceedings arising therefrom on the basis of compromise dated 03.05.2022 (Annexure P-3) arrived at between the parties.
Vide order dated 22.08.2022 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 22.08.2022 with regard to the compromise dated 03.05.2022 (Annexure P-3).
In terms of the order dated 22.08.2022 passed by this Court parties have appeared before the court of Sh. Bagicha Singh, Additional 1 of 2 ::: Downloaded on - 25-11-2022 12:20:19 ::: CRM-M-36821-2022(O&M) #2# Chief Judicial Magistrate, Tarn Taran and as per report dated 06.09.2022 submitted to this Court, both the parties have got recorded their respective statements in Court.
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 Additional Chief Judicial Magistrate, Tarn Taran accompanied by statements of both the parties, the DDR No.24 dated 19.09.2020 under Sections 323, 324, 148, 149 IPC registered with Police Station Jhabal, District Tarn Taran in FIR No.335 dated 17.09.2020 under Sections 323, 324, 506, 148 and 149 IPC (Section 326 IPC added later on and offence under Sections 324 and 326 IPC deleted vide diary no.21 dated 17.07.2021) registered at Police Station Jhabal, District Tarn Taran and all consequential proceedings arising therefrom are hereby quashed qua the petitioners herein.
Petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
November 24, 2022
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
2 of 2
::: Downloaded on - 25-11-2022 12:20:19 :::