Punjab-Haryana High Court
Vinod Bhardwaj And Another vs State Of Punjab And Others on 24 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
CRM-M-46004-2024(0&M) 277 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46004-2024(0&M) Date of Decision: 24.10.2024 Vinod Bhardwaj and another bases Petitioner(s) Versus State of Punjab and others beees Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Madhavrao Rajwade, Advocate for Mr. Sangram Singh Saron, Advocate for the petitioners. Mr. Randhir Singh Thind, DAG, Punjab. Mr. Amanpreet Singh, Advocate for respondents No.2 and 3. 3h 3 2 36 KIRTI SINGH, J.(Oral)
1. This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.200 dated 23.07.2018, under Sections 420 and 406 IPC, registered at Police Station Division A, Police Commissionerate, Amritsar with all consequential proceedings arising therefrom, on the basis of compromise dated 30.07.2024 (Annexure P-3) arrived at between the parties.
2. Learned counsel appearing for the petitioners has handed over a cheque bearing No.215397 amounting to Rs.10,00,000/- to the learned counsel appearing for the private respondents. A copy of the cheque has been supplied by learned counsel for petitioners, which is taken on record.
3. Heard learned counsel for the parties and also gone through the case file.
4. This Court vide order dated 19.09.2024, directed the parties to KAPIL 2024.10.25 16:30 | attest to the accuracy and integrity of this document SO24-PHRG 13987 F CRM-M-46004-2024(0&M) appear before the trial Court/Duty Magistrate for recording their statements with regard to the compromise.
5. Pursuant to the aforesaid order, report dated 30.09.2024 has been received from the Civil Judge (SD)-cum-ACJM, Yamuna Nagar at Jagadhri. 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 CrP.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:-
"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 KAPIL 2024.10.25 16:30 | attest to the accuracy and integrity of this document CRM-M-46004-2024(0&M) 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 engrafied 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 petitioners 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.200 dated 23.07.2018, under Sections 420 and 406 IPC, registered at Police Station Division A, Police Commissionerate, Amritsar and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 30.07.2024 (Annexure P-3), subject to payment of Rs.10,000/- to be deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh.
(KIRTI SINGH) 24.10.2024 JUDGE Kapil Whether speaking/reasoned? Yes/No 2024.10.25 16:30 Whether reportable? Yes/No | attest to the accuracy and integrity of this document