Phumman Singh And Others vs State Of Punjab And Others
2022 Latest Caselaw 15926 P&H

CRM-M-49596-2022 (O&M)                                               -1-

            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
251

                                                     CRM-M-49596-2022 (O&M)
                                                      Date of decision: 06.12.2022
PHUMMAN SINGH AND OTHERS
                                                                      ....Petitioners
                                Versus

STATE OF PUNJAB AND OTHERS
                                                                    ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                *****

Present : Mr. Neeraj Madan, Advocate for the petitioners.

Mr. Kamalpreet Bawa, AAG Punjab..

Mr. Piyush Sharma, Advocate for respondent No.2.

*****

AMAN CHAUDHARY. J.

Present petition has been filed for quashing of FIR No.0204, dated

24.09.2020, under Sections 325, 323, 34 of the IPC, registered at Police Station

City Vairoke, District Fazilka and all other consequential proceedings arising

therefrom on the basis of the compromise Annexure P-2.

Notice of motion was issued on 29.10.2022 and 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 17.11.2022 has been

received from the Judicial Magistrate Ist Class, Jalalabad(W). 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

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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.

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

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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.0204, dated

24.09.2020, under Sections 325, 323, 34 of the IPC, registered at Police Station

City Vairoke, District Fazilka, and all other consequential proceedings arising

therefrom on the basis of the compromise Annexure P-2, are quashed qua the

petitioners.

(AMAN CHAUDHARY) JUDGE December 06, 2022 S.Sharma(syr) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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