Punjab-Haryana High Court
Sahil Kumar And Another vs State Of Punjab And Others on 12 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:147742
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CRM-M-41371--2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-41371
41371-2024
Date of decision: November 12, 2024
SAHIL KUMAR AND ANOTHER
....Petitioners
VERSUS
STATE OF PUNJAB AND OTHERS
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:-Mr. Vivek Singla,, Advocate for the petitioner
petitioners.
Mr. Kamalpreet Bawa, AAG, Punjab.
Mr. Shubham Mehta, Advocate for
Respondents no. 2 & 3.
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 528 BNSS for quashing of FIR No.167 No. dated 25.11.2022,, under Sections 458, 341, 323, 324, 506, 148, 149 IPC (offence under Section 326 IPC added later on) registered at Police Station Dhanaula, Tehsil and Distt.
Distt. Barnala and all other consequential proceedings arising therefrom on the basis of the compromise dated 12.08.2024 (Annexure-P3).
2. Heard learned counsel for the parties and also gone through the case file.
3. This Court while issuing notice of m motion otion vide order dated 28.08.2024,, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise.
4. Pursuant to the aforesaid order, report dated 19.09.2024 has been received from thee Additional Chief Judicial Magistrat Magistrate, Barnala.. A perusal of the 1 of 3 ::: Downloaded on - 23-11-2024 09:07:26 ::: Neutral Citation No:=2024:PHHC:147742 2 CRM-M-41371--2024 said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence and coercion.
5. The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052 1052, 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 the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
6. Hon'ble the Supreme Court in the case of Gian Singh vs. State of Hon'ble Punjab and another, 2012 (4) RCR (Criminal) 543 543, had observed that in order to secure the ends of o 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 reads thus:-
thus:
"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 2 of 3 ::: Downloaded on - 23-11-2024 09:07:26 ::: Neutral Citation No:=2024:PHHC:147742 3 CRM-M-41371--2024 with no statutory limitation but it has to be exercised in accordance with the guideline engrafted in such power viz;
(i) to secure the ends of justice or (ii) to prevent revent abuse of the process of any Court.
7. In view of the afore-referred afore referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioner(s) and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed.
8. Resultantly, the present petition is allowed and FIR No.167 dated 25.11.2022,, under Sections 458, 341, 323, 324, 506, 148, 149 IPC (offence under Section 326 IPC added later on) registered at P Police Station Dhanaula, Tehsil and Distt. Barnala and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated (Annexure P2), subject to payment of Rs.10,000/-
Rs.10,000/ to be deposited in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month.
9. Pending miscellaneous application(s), if any, also stands disposed of.
( KIRTI SINGH)
November 12, 2024 JUDGE
ritu
Whether speaking/reasoned
speaking/reasone Yes/No
Whether reportable: Yes/No
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