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2023 DIGILAW 1705 (PNJ)

Anil Kumar v. State of Punjab

2023-05-11

JASJIT SINGH BEDI

body2023
Judgment Mr. Jasjit Singh Bedi, J. The prayer in this petition is for quashing of FIR No.188 dated 08.12.2018 under Sections 420, 120-B IPC registered at Police Station Chhajali, District Sangrur and all the consequent/subsequent proceedings arising therefrom on the basis of a compromise (P-2) arrived at between the parties. 2. Vide order dated 18.03.2019 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded with regard to the compromise (Annexure P-2) and the Illaqa Magistrate/trial Court was to submit a report in this regard giving certain details as enumerated in the said order. 3. Pursuant to the order dated 18.03.2019 passed by this Court, the parties have appeared before the Judicial Magistrate Ist Class, Sunam and as per the report dated 19.03.2019 submitted to this Court, both the parties have got recorded their respective statements in Court. 4. A perusal of the aforesaid report would show that the parties have effected 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. 5. 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, CRMM-20355-2022, decided on 25.07.2022 submits that partial quashing of the FIR was possible on the basis of a compromise. 6. 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, CRMM-20355-2022, decided on 25.07.2022 submits that partial quashing of the FIR was possible on the basis of a compromise. 6. Keeping in view the law laid down by this Court in the aforementioned judgments and the report of the Judicial Magistrate Ist Class, Sunam, the FIR No. 188 dated 08.12.2018 under Sections 420, 120-B IPC registered at Police Station Chhajali, District Sangrur alongwith all the consequent/subsequent proceedings arising therefrom, are hereby quashed qua the petitioner only. 7. Petition stands disposed of.