Punjab-Haryana High Court
Jaswant Singh @ Jassi And Another vs State Of Punjab And Another on 12 October, 2021
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
221
CRM-M-33557-2021
Decided on : 12.10.2021
Jaswant Singh @ Jassi and another
. . . Petitioners
Versus
State of Punjab and another
. . . Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
(Through Video Conferencing)
PRESENT: Mr. Vikas Arora, Advocate
for the petitioners.
Mr. Saurav Khurana, DAG, Punjab.
Mr. Mohit Kumar, Advocate
for the respondent No. 1-complainant.
****
VIKAS BAHL, J. (Oral)
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No. 14 dated 17.02.2017 registered under Sections 323, 341, 148,
149 and Section 325 (added later on) of the Indian Penal Code,1860
registered at Police Station Nurpur Bedi, District Rupnagar (Annexure
P-1) and all subsequent proceedings arising therefrom on the basis of
the compromise dated 23.07.2021 (Annexure P-2).
When the matter came up before this Court on 19.08.2021,
the following order was passed:-
"This is a petition filed under Section 482 Cr.P.C. for
quashing of FIR No.0014 dated 17.02.2017 under Sections 323,
341, 148, 149 and Section 325 (added later on) of IPC,
registered at Police Station Nurpur Bedi, District Rupnagar
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(Annexure P-1) and all other subsequent proceedings arising
from the same, on the basis of compromise dated 23.07.2021
(Annexure P-2).
Learned counsel for the petitioners has submitted that all
the persons concerned are party to the compromise.
Notice of motion for 12.10.2021.
On the asking of the Court, Mr. Saurav Khurana,
learned Deputy Advocate General, Punjab, accepts notice on
behalf respondent No.1-State. Mr. Mohit Kumar, Advocate,
appeared and filed his power of attorney on behalf of
respondent No.1. The same is taken on record.
The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their statements qua
compromise within a period of two weeks.
The Illaqa Magistrate/trial Court is directed to submit a
report on or before 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. "
In pursuance of the said order, a report has been submitted
by the Judicial Magistrate 1st Class, Sri Anandpur Sahib to the Registrar
of this Court. The relevant portion of the said report is reproduced
hereinbelow:-
"5. So, from the statements of the parties and of
Investigating Officer recorded in the Court on 31.08.2021 as
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noted above, the report as sought by Hon'ble Punjab &
Haryana High Court is submitted as under:-
1. There are only persons namely Balram Singh @ Gaggu
and Jaswant Singh @ Jassi arrayed as accused (i.e. petitioners
before Hon'ble Punjab & Haryana High Court.
2. None of the above named accused is proclaimed
offender.
3. The compromise as entered into between the parties is
genuine, voluntary and without any coercion or undue
influence.
4. At present, the above named accused persons are not
involved in any other FIR, however as per statement of
Investigating Officer, accused Jaswant Singh @ Jassi was also
found involved in one another FIR bearing No. 107 dated
07.10.2017 under Sections 323, 324, 506, 148, 149 IPC
registered at P.S. Nurpur Bedi, however he has been acquitted
in said FIR vide order dated 02.07.2018 and further as per
statement of investigating Officer, accused Balram Singh @
Gaggu also found involved in another FIR bearing No. 54
dated 23.06.2020 under Section 21(1) 4 (1) of Mines and
Minerals (Development and Regulation) Act, 1957, registered
at P.S. Kathgarh, District SBS Nagar and the trial of said Fir is
pending before the learned SDJM, Balachaur.
5. As per statement of Investigating Officer, there is only
one victim/complainant namely Chamkila son of Mehar Chand
(i.e. respondent No. 2 before Hon'ble Punjan and Haryana
High Court) in the FIR.
Report is submitted please."
A perusal of the said report would show that although, it has
been stated that some of the parties are involved in other cases also,
however, it has also been recorded that as far as the present case is
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concerned, the statements of the complainant as well as the accused have
been recorded in the case and both have stated that the matter has been
compromised and they have no objection in case the FIR is quashed. It
is further stated that the statement of the complainant has been made
voluntarily without any fear, coercion or pressure.
Learned counsel for the petitioners has submitted that none
of the petitioners were declared proclaimed offender in the present case.
Learned counsel for the State, as per instructions, has stated
that this fact is correct.
Learned counsel for respondent No. 2-complainant 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 two parties.
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 feel 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
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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 secure the
ends of justice or (ii) to prevent abuse of the process of any
Court. XXX---XXX"
This Court has heard the learned counsel for the parties and
has perused the file. After perusing the report submitted by the 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
the parties have decided to live in peace, this Court feels that in order to
secure the ends of justice, the criminal proceedings deserve to be
quashed.
In view of what has been discussed hereinabove, the
petition is allowed and FIR No. 14 dated 17.02.2017 registered under
Sections 323, 341, 148, 149 and Section 325 (added later on) of the
Indian Penal Code,1860 registered at Police Station Nurpur Bedi,
District Rupnagar (Annexure P-1)and all subsequent proceedings
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arising therefrom on the basis of the compromise arrived at between the
parties, vide affidavit dated 23.07.2021 (Annexure P-2), are ordered to
be quashed, qua the petitioners.
(VIKAS BAHL)
JUDGE
12.10.2021
Mehak
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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