CRM-M-27188-2020 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.241 CRM-M-27188-2020
Date of decision : 12.12.2022
Kuldeep Singh and others
.....Petitioner(s)
VERSUS
State of Punjab and another
..... Respondent(s)
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr.Ashish Aggarawl, Advocate for the petitioner
Mr.Kamapreet Singh Bawa, AAG, Punjab
AMAN CHAUDHARY, J.
The present petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.24 dated 14.2.2020, registered Sections 336, 506, 148, 149 IPC and Sections 25/27 of the Arms Act at Police Station Sadar Tarn Taran, District Tarn Taran and all other consequential proceedings arising therefrom, in view of the compromise deed dated 18.3.2020, Annexure P-2 reached between the parties.
Notice of motion was issued on 10.9.2020 and 28.10.2022, and both the parties were directed to appear before the trial Court/Illaqa Magistrate for recording their statements in the context of genuineness of the compromise. He/She was also directed to submit its report accordingly.
Pursuant to the aforesaid order, reports dated 8.10.2020 and 25.11.2022 have been received from the trial Court. A perusal of the said reports reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between 1 of 3 ::: Downloaded on - 13-12-2022 09:17:51 ::: CRM-M-27188-2020 2 the parties and they have no objection in case the FIR in question is quashed and the compromise effected between them is without any pressure or undue influence. It is also stated in the reports that the none of the petitioners has been declared as proclaimed offender or involved in any other criminal case. .
Heard.
After perusing the report submitted by the trial Court, this Court finds that the matter has been amicably settled between the petitioner(s) and the complainant(s). Since the matter has been settled and the parties have decided to live in peace, this Court is of the view that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.
As per the Full Bench judgment of this Court in "Kulwinder Singh and others Vs State of Punjab", 2007 (3) RCR (Criminal) 1052, it is held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
Hon'ble the Apex Court in the case of "Gian Singh Vs. State of Punjab and another", 2012 (4) RCR (Criminal) 543, had also observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment is reproduced hereinbelow:-
2 of 3 ::: Downloaded on - 13-12-2022 09:17:52 ::: CRM-M-27188-2020 3 "57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code.
Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. XXX---XXX"
In view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings and accordingly, the present petition is allowed and FIR No.24 dated 14.2.2020, registered Sections 336, 506, 148, 149 IPC and Sections 25/27 of the Arms Act at Police Station Sadar Tarn Taran, District Tarn Taran and all other consequential proceedings arising therefrom, are quashed qua the petitioner(s).
12.12.2022 (AMAN CHAUDHARY)
gsv JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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