Punjab-Haryana High Court
Satpal Bouri vs State Of Punjab And Others on 2 December, 2022
CRM-M-45343-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(237)
CRM-M-45343-2022
Date of decision:- 02.12.2022
Satpal Bouri
....Petitioner
Versus
State of Punjab and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Ambanshu Sahni, Advocate
for Mr. Anil Kumar Garg, Advocate,
for the petitioner.
Mr. Joginder Pal Ratra, Sr. DAG, Punjab.
Mr. Kushagra Mahajan, Advocate,
for respondents No.2 and 3.
****
VIKAS BAHL, J. (ORAL)
This is a petition under Section 482 Cr.P.C. praying for
quashing of FIR No.65 dated 09.08.2021, registered under Sections 379,
447, 148 and 149 IPC, at Police Station Morinda, District Rupnagar and
all other consequential proceedings arising therefrom on the basis of
compromise.
On 29.09.2022, a Co-ordinate Bench of this Court was
pleased to pass the following order:-
"The petitioner has filed the present petition under Section 482
of the Code of Criminal Procedure, 1973 for quashing of FIR No.65
dated 09.08.2021 registered under Sections 379, 447, 148 and 149 of
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the Indian Penal Code, 1860 at Police Station Morinda, District
Rupnagar (Annexure P-1) and all consequential proceedings arising
therefrom on the basis of compromise (Annexure P-2) arrived
between the parties.
Notice of motion.
On the asking of the Court, Mr. Gurpreet Singh Sandhu,
D.A.G., Punjab, who is present in the Court, has accepted notice on
behalf of respondent No.1-State.
At this stage, Mr. Kushagra Mahajan, Advocate has appeared
and accepted notice on behalf of respondents No.2 and 3 and filed his
power of attorney in the Court which is taken on record.
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 within 15 days from today for
recording their statements with regard to compromise/settlement. Trial
Court/Illaqa Magistrate is directed to submit a report before the next
date of hearing 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.
List on 02.12.2022.
This will, however, be subject to payment of costs of
Rs.10,000/- to be deposited with the District Legal Services Authority,
Rupnagar.
(ASHOK KUMAR VERMA)
JUDGE
29.09.2022"
In pursuance of the said order, the report has been submitted
by the Additional Chief Judicial Magistrate, Rupnagar to the Registrar
(General) of this Court. The relevant part of the report is reproduced
hereinbelow:-
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"On the basis of such statements, the point-wise report is as
under:
(i) Only one accused namely Satpal Bouri has been arrayed as
accused in the present FIR.
(ii) As per statement of Investigating Officer ASI Satnam Singh
accused has not been declared as proclaimed offender in the present
case.
(iii) From the statements of the complainants Satpal Sandhir and
Vinod Kumar as well as of the accused Satpal Bouri recorded in the
Court, the compromise seems to be genuine, voluntary and without any
cocercion or undue influence.
(iv) As per statement of Investigating Officer ASI Satnam Singh, the
present accused is not involved in any other FIR except the present case.
(v) The investigation in the present case is yet to be completed as per
statement of the ASI Satnam Singh."
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 seems to be genuine, voluntary and
without any cocercion or undue influence.
Learned counsel for the petitioner has submitted that the
petitioner have not been declared proclaimed offender. Learned counsel
for the State, as per instructions, has stated that this fact is correct.
Learned counsel for respondent No.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 parties.
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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
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.
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
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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"
In view of what has been discussed hereinabove, this
petition is allowed and FIR No.65 dated 09.08.2021, registered under
Sections 379, 447, 148 and 149 IPC, at Police Station Morinda, District
Rupnagar and all the subsequent proceedings emanating therefrom are
ordered to be quashed, qua the petitioner.
( VIKAS BAHL )
December 02, 2022 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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