Kuldeep Singh And Others vs State Of Punjab And Another
2022 Latest Caselaw 16520 P&H

CRM-M-27188-2020                                                     1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

Sr. No.241                                 CRM-M-27188-2020
                                           Date of decision : 12.12.2022

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

VERSUS

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

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:     Mr.Ashish Aggarawl, Advocate for the petitioner

             Mr.Kamapreet Singh Bawa, AAG, Punjab

AMAN CHAUDHARY, J.

The present petition under Section 482 Cr.P.C. has been filed

for quashing of FIR No.24 dated 14.2.2020, registered Sections 336, 506,

148, 149 IPC and Sections 25/27 of the Arms Act at Police Station Sadar

Tarn Taran, District Tarn Taran and all other consequential proceedings

arising therefrom, in view of the compromise deed dated 18.3.2020,

Annexure P-2 reached between the parties.

Notice of motion was issued on 10.9.2020 and 28.10.2022, 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, reports dated 8.10.2020 and

25.11.2022 have been received from the trial Court. A perusal of the said

reports reveals that statements of the concerned persons have been recorded

in the present case, who have stated that the matter has been settled between

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the parties and they have no objection in case the FIR in question is

quashed and the compromise effected between them is without any

pressure or undue influence. It is also stated in the reports that the none of

the petitioners has been declared as proclaimed offender or involved in any

other criminal 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:-

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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, 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.24 dated 14.2.2020,

registered Sections 336, 506, 148, 149 IPC and Sections 25/27 of the Arms

Act at Police Station Sadar Tarn Taran, District Tarn Taran 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




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