Punjab-Haryana High Court
Manjit Singh vs State Of Punjab And Anr on 6 December, 2022
CRM-M-35876-2021 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
243
CRM-M-35876-2021 (O&M)
Date of decision: 06.12.2022
MANJIT SINGH
....Petitioner
Versus
STATE OF PUNJAB AND ANR
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. G.S. Hayer, Advocate
for the petitioner.
Mr. Kamalpreet Bawa, AAG Punjab..
Mr. G.S. Simble, Advocate
for respondent No.2.
*****
AMAN CHAUDHARY. J.
Present petition has been filed for quashing of FIR No.110, dated
28.04.2021, under Sections 379-B, 411 (Section 379-B and 411 IPC added later
on and Section 307, 382 IPC deleted later on) registered at Police Station City Sri
Muktsar Sahib and all other consequential proceedings arising therefrom on the
basis of the compromise dated 20.07.2021 (Annexure P-2).
Notice of motion was issued on 02.09.2021 and vide order dated
15.11.2022 both the parties were directed to appear before the trial Court for
recording their statements in the context of genuineness of the compromise. The
trial Court was also directed to submit its report with regard to genuineness of the
compromise.
Pursuant to the aforesaid order, report dated 01.12.2022 has been
received from the Chief Judicial Magistrate, Sri Muktsar Sahib. A perusal of the
said report reveals that statements of the concerned persons have been recorded in
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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 is one accused. He has not been
declared as proclaimed offender and is not 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.
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:-
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"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 petition is allowed and FIR No.110, dated
28.04.2021, under Sections 379-B, 411 (Section 379-B and 411 IPC added later
on and Section 307, 382 IPC deleted later on) registered at Police Station City Sri
Muktsar Sahib, and all other consequential proceedings arising therefrom on the
basis of the compromise dated 20.07.2021 (Annexure P-2), are quashed qua the
petitioner.
(AMAN CHAUDHARY)
JUDGE
December 06, 2022
S.Sharma(syr)
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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