Punjab-Haryana High Court
Manish @ Goldy vs State Of Punjab And Ors on 29 September, 2021
CRM-M-32269-2021 -1-
218
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-32269-2021
Date of decision : 29.09.2021
Manish @ Goldy
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. L.S. Mann, Advocate for the petitioner.
Mr. Karanbir Singh, AAG, Punjab.
Mr. Manoj R. Sharma, Advocate for respondent Nos.2 and 3.
****
VIKAS BAHL, J. (ORAL)
This is a petition filed under Section 482 of Cr.P.C. for
quashing of FIR No.102 dated 28.10.2019 registered under Sections 279,
337, 338 of the Indian Penal Code, 1860 (Annexure P-1) at Police Station
SGN Dev Thermal Plant, District Bathinda and all the subsequent
proceedings arising therefrom on the basis of the compromise dated
04.08.2021 (Annexure P-2) qua the petitioner.
On 12.08.2021, the Coordinate Bench of this Court was
pleased to pass the following order:-
"The case has been taken up for hearing through
video conferencing.
The petitioner has filed present petition under Section
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482 of the Code of Criminal Procedure, 1973 for quashing
of FIR No.102 dated 28.10.2019 registered under Sections
279, 337 and 338 of the Indian Penal Code, 1860 in Police
Station SGN Dev Thermal Plant, District Bathinda and all
subsequent proceedings arising therefrom on the basis of
compromise dated 04.08.2021.
Notice of motion.
Pursuant to supply of advance copy of the petition,
Mr. P.S. Walia, Asstt. AG, Punjab has appeared and
accepted notice on behalf of respondent No.1-State.
Mr. Manoj R. Sharma, Advocate has appeared on
behalf of respondents No.2 and 3 and undertakes to file his
power of attorney in the Registry.
Learned Counsel for respondents No.2 and 3 admits
the factum of compromise.
Accordingly, the private parties are directed to
appear before the trial Court/Illaqa Magistrate on
24.08.2021 or any other date convenient to the Court for
recording their statements with regard to
compromise/settlement. Trial Court/Illaqa Magistrate is
directed to submit a report before 29.09.2021 containing the
following information:-
1. Number of persons arrayed as accused in FIR.
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 case or not.
5. Current stage of the case.
The trial Court/Illaqa Magistrate is further directed
to record the statement of the Investigating Officer as to
how many victims/complainants are there in the FIR.
The trial Court/Illaqa Magistrate is also directed to
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send the report in time so as to reach this Court before the
date of hearing fixed.
Reply by respondent No.1-State be filed on the date
of hearing fixed, if so desired."
In pursuance of the said order, a report has been submitted by
the Judicial Magistrate Ist Class, Bathinda. The relevant portion of the
said report is reproduced hereinbelow:-
"After going through the statements given by the
parties, Investigating Officer and criminal Ahlmad of this
Court, the report of trial Court/Illaqa Magistrate is hereby
submitted on the following information as directed by the
Hon'ble Punjab & Haryana High Court.
Number of persons arrayed As per the statement of
as accused in FIR Investigating Officer, ASI
Navyugdeep Singh, one
accused person namely
Manish Kumar @ Goldy is
arrayed as accused in FIR
No.102 dated 28.10.2019,
under Sections 279/337/338
of Indian Penal Code,
Police Station Thermal,
Bathinda. No other person
except above is arrayed as
1 accused.
Whether any accused is As per the statement
proclaimed offender, and suffered by Investigating
Officer, ASI Navyugdeep
Singh and also as per
judicial record, accused
Manish @ Goldy is not
proclaimed offender nor
ever declared proclaimed
2 offender by the court.
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Whether the compromise is In view of statement
genuine, voluntary and suffered by complainant
without any coercion or Rahul Kumar and accused
undue influence Manish @ Goldy, it is
hereby submitted that the
trial Court is satisfied that
the compromise arrived
between the
complainant/victim and
accused is genuine,
voluntary and without any
coercion and undue
influence. It is further
submitted that the
complainant Rahul Kumar
has also suffered statement
on behalf of his daughter
Bhawna, who is minor, aged
about 6 years, in the
capacity of natural
guardian that both
complainant as well as the
victim have no grudge
against accused and both
complainant and victim
have settled the matter
3 amicably with the accused.
Whether the accused In view of statement of the
persons are involved in any Investigating Officer ASI
other case or not? Navyugdeep Singh, the
accused person is not
4 involved in any other case.
Current stage of the case Final report under Section
173 Cr.P.C. already
submitted and case is at the
stage of arguments on
5 charge.
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Further, as directed by Hon'ble Punjab & Haryana
High Court, it is hereby submitted that in view of the
statement of Investigating Officer ASI Navyugdeep Singh,
there is one complainant namely Rahul Kumar and there is
one victim namely Bhawna, in the present FIR.
Accordingly, the report of the trial Court/Illaqa
Magistrate on points No.1 to 5 as directed by the Hon'ble
Punjab & Haryana High Court alongwith statements of
parties, statement of Investigating Officer ASI Navyugdeep
Singh & statement of Ahlmad Ms. Vatsal is submitted for
your kind perusal, information and necessary action. The
next date before the Hon'ble High Court is 29.9.2021
Submitted please.
Yours faithfully
Sd/- (Harjot Singh Gill), PCS
Enclosures: As above. Judicial Magistrate Ist Class,
Bathinda."
A perusal of the said report would show that the compromise
has been found to be genuine, voluntary, without any coercion or undue
influence. It has been stated that 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 petitioner has submitted that the
petitioner was not declared proclaimed offender in the present case.
Learned counsel for the State, as per instructions has stated that this fact
is correct.
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Learned counsel for respondent Nos.2 and 3 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
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
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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 petitioner 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.102 dated 28.10.2019 registered under Sections
279, 337, 338 of the Indian Penal Code, 1860 (Annexure P-1) at Police
Station SGN Dev Thermal Plant, District Bathinda and all the subsequent
proceedings arising therefrom on the basis of the compromise dated
04.08.2021 (Annexure P-2) are ordered to be quashed, qua the petitioner.
29.09.2021 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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