Punjab-Haryana High Court
Dalbir Singh And Others vs State Of Punjab And Others on 17 January, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRM-M-40795 of 2022 (O & M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M- 40795 of 2022 (O & M)
Date of decision: 17.01.2023
Dalbir Singh and ors. ...... Petitioner(s)
V/s
State of Punjab and ors.
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. S.S. Rangi, Advocate,
for the petitioner(s).
Mr. Aman Dhir, DAG, Punjab.
Ms. Sahiba Joshi, Advocate,
for Ms. Gagandeep Kaur, Advocate,
for respondents No.2 and 3.
*****
JASJIT SINGH BEDI, J. (Oral)
The prayer in this petition is for quashing of FIR No. 94 dated 16.11.2016 under Sections 341, 323, 324, 506, 148, 149 and 379 IPC (Section 379 IPC deleted later on) registered at Police Station Ghanaur, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise dated (Annexure P-3).
Vide order dated 07.09.2022 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 07.09.2022 with regard to the compromise (Annexures P-3).
In terms of the orders dated 07.09.2022 passed by this Court parties have appeared before the court of Judicial Magistrate Ist Class, 1 of 2 ::: Downloaded on - 20-01-2023 23:09:08 ::: CRM-M-40795 of 2022 (O & M) ::2::
Rajpura and as per the report dated 28.10.2022 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 Judicial Magistrate Ist Class, Rajpura, accompanied by the joint statement of both the parties, the present FIR No.94 dated 16.11.2016 under Sections 341, 323, 324, 506, 148, 149 and 379 IPC (Section 379 IPC deleted later on) registered at Police Station Ghanaur, District Patiala, and all subsequent proceedings arising therefrom are hereby quashed qua the petitioners herein.
Petition stands disposed of.
( JASJIT SINGH BEDI)
JUDGE
January 17, 2023
sukhpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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