Punjab-Haryana High Court
Nahar Singh And Ors vs The State Of Punjab And Others on 31 August, 2022
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRM-M-24373-2022 -1-
(256) IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-24373-2022
Date of decision :31.08.2022
Nahar Singh & others
... Petitioners
Versus
State of Punjab & others
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. J.S. Jaidka, Advocate for the petitioners.
Mr. Ravinder Singh, Asstt. A.G., Punjab.
Mr. Abhishek Khullar, Advocate for respondent Nos.2 to 5.
JASJIT SINGH BEDI, J. (ORAL)
The prayer in this petition is for quashing of an FIR No.94 dated 01.07.2019 (Annexure P-2) registered under Sections 325, 341, 427, 148, 149, 506, 308 IPC (Section 308 IPC deleted later on) and also a cross-case under Sections 323, 324, 341, 427, 452, 34, 201 IPC at Police Station Shimlapuri, District Ludhiana along with all consequential proceedings arising therefrom on the basis of a compromise arrived at between the parties.
Vide order dated 31.05.2022 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 24.01.2022 (P-1).
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 31.05.2022 passed by this Court, the parties have appeared before the learned Judicial Magistrate, 1st Class, Ludhiana and as per the report dated 13.07.2022 submitted to this 1 of 2 ::: Downloaded on - 02-09-2022 03:56:40 ::: CRM-M-24373-2022 -2- 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, Ludhiana accompanied by statements of both the parties, the FIR No.94 dated 01.07.2019 (Annexure P-2) registered under Sections 325, 341, 427, 148, 149, 506, 308 IPC (Section 308 IPC deleted later on) and also a cross-case under Sections 323, 324, 341, 427, 452, 34, 201 IPC at Police Station Shimlapuri, District Ludhiana along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners.
Petition stands disposed of.
(JASJIT SINGH BEDI) JUDGE 31.08.2022 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No 2 of 2 ::: Downloaded on - 02-09-2022 03:56:40 :::