Punjab-Haryana High Court
Major Singh And Ors vs State Of Punjab And Ors on 22 December, 2021
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CRM-M-50203-2021
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(241)
CRM-M-50203-2021.
Date of Decision:-22.12.2021.
Major Singh and others
......Petitioners
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
****
Present: Mr. Balbir Singh Jaswal, Advocate for the petitioners.
Mr. Sukhbeer Singh, AAG, Punjab.
Mr. Nitin Sharma, Advocate for
Mr. Rahul Sharma, Advocate for respondent Nos.2 to 4.
****
VIKAS BAHL, J. (Oral)
This is a petition filed under Section 482 Cr.P.C. for quashing
of FIR No.24 dated 27.02.2020, registered under Sections 323, 452, 506,
148 and 149 of IPC at Police Station Beas, District Amritsar (Rural)
(Annexure P-1) and all the consequential proceedings arising therefrom, on
the basis of compromise deed dated 20.11.2021 (Annexure P-2).
On 01.12.2021, this Court was pleased to pass the following
order:-
"This is a petition filed under Section 482 of Cr.P.C. for
quashing of FIR No.24 dated 27.02.2020 registered under
Sections 323/452/506/148/149 of the Indian Penal Code, 1860
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at Police Station Beas, District Amritsar (Rural) (Annexure P-
1) and all the subsequent proceedings arising therefrom on the
basis of compromise deed dated 20.11.2021 (Annexure P-2).
Learned counsel for the petitioners has submitted that all
the personsconcerned are party to the compromise.
Notice of motion for 22.12.2021.
On asking of the Court, Mr. Sukhbeer Singh, AAG,
Punjab, appears and accepts notice on behalf of the
respondent-State and Mr. Rahul Sharma, Advocate appears on
behalf of respondent Nos.2 to 4.
The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their statements qua
compromise within a period of 15 days.
The Illaqa Magistrate/trial Court is directed to submit a
report on orbefore the next date of hearing containing the
following information:-
1. Number of persons arrayed as accused.
2. Whether any accused is proclaimed offender?
3. Whether the compromise is genuine, voluntary and without
any coercion or undue influence?
4. Whether the accused persons are involved in any other FIR or
not?
5. The trial Court is also directed to record the statement of the
Investigating Officer as to how many victims/complainants
are there in the FIR."
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In pursuance of the said order, the report has been submitted
by the Judicial Magistrate Ist Class, Baba Bakala Sahib, (Duty) to the
Registrar General of this Court. The relevant part of the report is
reproduced hereinbelow:-
"5) The report as desired by the Hon'ble High Court is
as under:
i) As per statement of parties and Investigation Officer ASI
Baljinder Singh, No.693 Amritsar Rural, PS Beas,
Amritsar, there are total five persons arrayed as accused
in the present FIR.
ii) Accused have not been declared proclaimed offender as
per statement of investigation officer.
iii) After considering statements of parties and Investigation
Officer, the undersigned is of the opinion that the said
compromise has been entered into in between the
petitioner and complainant/respondents voluntarily, out
of their free will and without any pressure or coercion
and the same appears to be genuine one.
iv) As per the statement of Investigation Officer, the accused
persons are not involved in any other FIR.
6. The copies of statements of the parties and documents are
being sent herewith, for kind perusal of the Hon'ble High court,
this report is submitted as per the directions of Hon'ble High
Court.
Submitted please.
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Yours faithfully
Sd/-
Karun Kumar
Judicial Magistrate Ist Class
Baba Bakala Sahib. (Duty)"
A perusal of the said report would show that statements of the
concerned persons have been recorded in the case, who have stated that the
matter has been compromised and they have no objection in case the FIR in
question is quashed. They have further stated that the said compromise is
being entered into with their own free will and without any coercion. The
compromise has been found to be genuine and valid. As per the said report,
it has been observed that none of the persons have been declared as
proclaimed offenders in the present case and no other case is pending
against the petitioners.
Learned counsel for the petitioners has submitted that there is
no other FIR against the petitioners and they were not declared proclaimed
offender in the present case. Learned counsel for the State, as per
instructions, has stated that these facts are correct.
Learned counsel for respondent Nos.2 to 4 has again reiterated
that the matter has been settled and the said compromise is in the interest of
all the persons and would help in bringing out peace and amity between the
parties.
This Court has heard the learned counsel for the parties and
has perused the file. After perusing the report submitted by the learned trial
Court, this Court finds that the matter has been amicably settled between
the petitioners and the complainant. Since the matter has been settled and
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the parties have decided to live in peace, this Court is of the opinion 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 opinion that the same is 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:-
"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
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secure the ends of justice or (ii) to prevent abuse of the
process of any Court. XXX---XXX"
In view of what has been discussed hereinabove, this petition
is allowed and FIR No.24 dated 27.02.2020, registered under Sections 323,
452, 506, 148 and 149 of IPC at Police Station Beas, District Amritsar
(Rural) (Annexure P-1) and all the subsequent proceedings emanating
therefrom are ordered to be quashed, qua the petitioners.
(VIKAS BAHL)
JUDGE
December 22, 2021.
sandeep
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
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