Krishan Singh And Ors vs State Of Punjab And Others
2022 Latest Caselaw 16504 P&H

CRM-M-44011-2022                                              1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

Sr. No.250                                 CRM-M-44011-2022
                                           Date of decision :12.12.2022

Krishan Singh and others
                                                       .....Petitioner(s)

VERSUS

State of Punjab and others
                                                       ..... Respondent(s)

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present:     Mr.Mikhail Kad, Advocate for the petitioners

             Mr.Kamapreet Singh Bawa, AAG, Punjab

             Mr.Ashdeep Singh, Advocate for respondent Nos.2 to 5.

AMAN CHAUDHARY, J.

The present petition has been filed under Section 482 of the

Code of Criminal Procedure for quashing of FIR No.48, dated 17.5.2016,

registered under Sections 325, 323, 452, 295, 148, 149 of the Indian Penal

Code at Police Station Khanauri, District Sangrur and all subsequent

proceedings arising therefrom on the basis of the compromise deed dated

5.9.2022 (Annexure P-2).

Notice of motion was issued on 22.9.2022 and both the parties

were directed to appear before the trial Court/Illaqa Magistrate for

recording their statements in the context of genuineness of the compromise.

He/She was also directed to submit its report accordingly.

Pursuant to the aforesaid order, report dated 6.10.2022 has

been received from the JMIC, Moonak. A perusal of the said report reveals

that statements of the concerned persons have been recorded in the present

1 of 3

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 voluntary, without any coercion or

undue influence. It is also stated in the report that none of the

accused/petitioner has been declared as proclaimed offender and they are

not involved in any other case.

Heard.

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:-

2 of 3

"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, this Court is of the opinion that no

useful purpose would be served in continuing the proceedings and

accordingly, the present petition is allowed and FIR No.48, dated

17.5.2016, registered under Sections 325, 323, 452, 295, 148, 149 of the

Indian Penal Code at Police Station Khanauri, District Sangrur and all other

consequential proceedings arising therefrom, are quashed qua the

petitioner(s).

12.12.2022                                          (AMAN CHAUDHARY)
gsv                                                      JUDGE

Whether speaking/reasoned                    :         Yes / No
Whether reportable                           :         Yes / No




                                    3 of 3