Punjab-Haryana High Court
Japinder Singh And Others vs State Of Punjab And Another on 2 December, 2022
CRM-M-35082-2022 (O&M)
CRM-M-35096-2022 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
249
CRM-M-35082-2022 (O&M)
Date of decision: 02.12.2022
JAPINDER SINGH AND OTHERS
....Petitioners
Versus
STATE OF PUNJAB AND ANOTHER
...Respondent
CRM-M-35096-2022 (O&M)
VIJAY KUMAR AND OTHERS
....Petitioners
Versus
STATE OF PUNJAB AND OTHERS
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. I.S. Parmar, Advocate
for the petitioners in CRM-M-35082-2022.
Mr. Navkesh Singh, Advocate,
for the petitioners in CRM-M-35096-2022.
Mr. Kamalpreet Bawa, AAG Punjab.
*****
AMAN CHAUDHARY. J.
Present petitions have been filed for quashing of FIR No.191, dated
12.09.2021, under Sections 323, 324, 341, 506, 34 of the IPC registered at Police
Station Jamalpur, Ludhiana and DDR No.17 dated 13.09.2021 registered under
Sections 323, 341, 506, 149 of the IPC at Police Station Jamalpur, Ludhaiana and
all other consequential proceedings arising therefrom on the basis of the
compromise dated 05.05.2022 (Annexure P-2).
Notice of motion was issued on 08.08.2022 and vide order dated
17.10.2022 both the parties were directed to appear before the trial Court for
recording their statements in the context of genuineness of the compromise. The
1 of 3
CRM-M-35082-2022 (O&M)
CRM-M-35096-2022 (O&M) -2-
trial Court was also directed to submit its report with regard to genuineness of the
compromise.
Pursuant to the aforesaid order, report dated 30.11.2022 has been
received from the Judicial Magistrate Ist Class, Ludhiana. 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 the parties
and they have no objection in case the FIR in question is quashed and the
compromise effected between them is genuine, without any undue influence and
coercion. It is stated in the report that there are five accused. None of the accused
has been declared as proclaimed offender and none of them is involved in any
other FIR.
I have heard learned counsel for the parties and have also gone
through the case file.
After perusing the report submitted by the trial Court, this Court
finds that the matter has been amicably settled between the petitioner(s) and the
complainant(s). Since the matter has been settled and the parties have decided to
live in peace, this Court is of the view 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 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.
2 of 3
CRM-M-35082-2022 (O&M)
CRM-M-35096-2022 (O&M) -3-
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 secure the ends of justice or (ii) to prevent abuse of
the process of any Court. XXX---XXX"
In view of the above, the petitions are allowed and FIR No.191, dated
12.09.2021, under Sections 323, 324, 341, 506, 34 of the IPC registered at Police
Station Jamalpur, Ludhiana and DDR No.17 dated 13.09.2021 registered under
Sections 323, 341, 506, 149 of the IPC at Police Station Jamalpur, Ludhaiana, and
all other consequential proceedings arising therefrom on the basis of the
compromise dated05.05.2022 (Annexure P-2), are quashed qua the petitioners.
(AMAN CHAUDHARY)
JUDGE
December 02, 2022
S.Sharma(syr)
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
3 of 3
