Gurmail Singh and Others Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

Gurmail Singh and Others Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No.43 dated 24.04.2020 under Sections 324, 323, 148 IPC read with Section 149 IPC registered at Police Station Sadar Faridkot, District Faridkot and all subsequent proceedings arising therefrom, qua the petitioners.

Issue for consideration

Whether FIR No.43 dated 24.04.2020 registered at Police Station Sadar Faridkot under Sections 324, 323, 148 IPC read with Section 149 IPC, and all subsequent proceedings arising therefrom, should be quashed on the basis of the compromise dated 16.12.2024 between the parties.

Court's answer

The parties effected a genuine compromise without any pressure, coercion or undue influence, and in view of the compromise there is only a remote possibility of the complainant coming forward to support the prosecution case.

Ratio / Principle

Powers under Section 482 Cr.PC can be exercised in such a situation to prevent unnecessary vagaries of criminal trial faced by the parties when there are remote chances of conviction of the accused; the compromise is fully in consonance with the directions issued in Kulwinder Singh and Gian Singh.

Key takeaways

FIR No.43 dated 24.04.2020 under Sections 324, 323, 148 IPC read with Section 149 IPC registered at Police Station Sadar Faridkot, District Faridkot, and all subsequent proceedings arising therefrom, stand quashed qua the petitioners.ratio¶20

Detailed headnote1 paragraphs

Quashing of FIR on compromise — Section 482 Cr.PC — High Court of Punjab and Haryana (Jasjit Singh Bedi, J.) disposed of CRM-M-7232 of 2025 (O&M) by quashing FIR No.43 dated 24.04.2020 under Sections 324, 323, 148 IPC read with Section 149 IPC of Police Station Sadar Faridkot, District Faridkot, and all subsequent proceedings, qua petitioners Gurmail Singh and ors., on the basis of compromise dated 16.12.2024. Acting on the report dated 05.04.2025 of the Judicial Magistrate Ist Class, Faridkot that the parties had voluntarily compromised without pressure, coercion or undue influence and that the complainant was unlikely to support the prosecution case, the Court held that Section 482 Cr.PC powers are exercisable where chances of conviction are remote, in consonance with Kulwinder Singh (2007(3) RCR (Criminal) 1052) and Gian Singh (2012(4) RCR (Crl.) 543).

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-7232 of 2025 (O & M) Date of decision:07.05.2025

Gurmail Singh and ors.

…... Petitioner(s)

V/s

State of Punjab and ors.

...Respondents

CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI

Present: Mr. Kanwaljeet Singh Brar, Advocate, for the petitioner(s).

Mr. Kunwar Bir Singh, Asstt. A.G., Punjab.

Mr. S.S. Tiwana, Advocate, for respondents No.2 and 3.

JASJIT SINGH BEDI, J. (Oral)

The prayer in this petition is for quashing of FIR No.43 dated 24.04.2020 under Sections 324, 323, 148 IPC read with Section 149 IPC registered at Police Station Sadar Faridkot, District Faridkot and all subsequent proceedings arising therefrom on the basis of compromise dated 16.12.2024 (Annexure P-2).

Vide order dated 07.02.2025 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 07.02.2025 with regard to the compromise (Annexure P-2).

In terms of the order dated 07.02.2025 passed by this Court, the parties have appeared before the court of Judicial Magistrate Ist Class,

SUKHPREET KAUR 2025.05.07 03:24 I attest to the accuracy and integrity of this document chandigarh

Faridkot and as per the report dated 05.04.2025 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, Faridkot, accompanied by the joint statement of both the parties, the present FIR No. 43 dated 24.04.2020 under Sections 324, 323, 148 IPC read with Section 149 IPC registered at Police Station Sadar Faridkot, District Faridkot and all subsequent proceedings arising therefrom are hereby quashed qua the petitioners herein.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE

May 07, 2025 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

SUKHPREET KAUR 2025.05.07 03:24 I attest to the accuracy and integrity of this document chandigarh