Punjab-Haryana High Court
Puneet Verma And Anr vs State Of Punjab And Another on 22 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:138593
CRM-M-38609-2023 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.269 CRM-M-38609-2023 (O&M)
Date of decision : 22.10.2024
Puneet Verma and another ..... Petitioners
VERSUS
State of Punjab and another ..... Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Arshdeep Singh, Advocate, for the petitioners.
Mr. Rubal Pawar, AAG, Punjab.
Ms. R.B. Rohilla, Advocate, for respondent No.2.
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.138 dated 15.06.2018, under Section 420 IPC and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, registered at Police Station Civil Lines Patiala, District Patiala and all other consequential proceedings arising therefrom on the basis of the compromise dated 25.07.2023 (Annexure P2).
2. Status report dated 21.10.2024 has been filed by the learned State counsel in Court today. The same is taken on record. He on instructions from ASI-Suresh Kumar submits that the third accused, namely Rahul Singh Rana has been found innocent by the investigating agency.
3. Heard learned counsel for the parties and also gone through the case file.
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4. This Court while issuing notice of motion vide order dated 29.07.2024, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise.
5. Pursuant to the aforesaid order, report dated 28.08.2024 has been received from the Judicial Magistrate 1st Class, Patiala. A perusal of the 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.
6. The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 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 ends of justice. This power of quashing is not confined to matrimonial disputes alone.
7. Hon'ble the Supreme Court in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, had 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 reads thus:-
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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 xxx. "
8. In view of the 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.
9. Resultantly, the present petition is allowed and FIR No.138 dated 15.06.2018, under Section 420 IPC and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, registered at Police Station Civil Lines Patiala, District Patiala and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 25.07.2023 (Annexure P2), subject to payment of 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)
JUDGE
22.10.2024
Ramandeep Singh
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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