Akash Kumar And Ors vs State Of Punjab And Others
2022 Latest Caselaw 16957 P&H

              IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
253
                                                 CRM-M-43159-2022
                                                 Date of decision: 15.12.2022

AKASH KUMAR AND OTHERS
                                                                     ....Petitioners
                                Versus


STATE OF PUNJAB AND OTHERS
                                                                  ...Respondents

CORAM:      HON'BLE MR. JUSTICE AMAN CHAUDHARY

                                        *****

Present : Ms. Ruhani Chadha, Advocate for the petitioners.

Mr. Kamalpreet Bawa, AAG, Punjab.

Mr. Rahul Bhargava, Advocate for respondent Nos. 2 and 3.

***** AMAN CHAUDHARY. J.

Present petition has been filed for quashing of FIR No.169, dated

23.07.2021, under Sections 160 and 427 IPC, registered at Police Station

Division No.8, District Jalandhar, and all other consequential proceedings

arising therefrom on the basis of the compromise (Annexure P-2).

Notice of motion was issued on 19.09.2022 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 15.10.2022 has been

received from the Judicial Magistrate 1st Class, Jalandhar. 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

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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 three 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:-

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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.169,

dated 23.07.2021, under Sections 160 and 427 IPC, registered at Police Station

Division No.8, District Jalandhar 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 15, 2022
P.Bhatt

                   Whether speaking/reasoned         :      Yes/No

                   Whether reportable                :      Yes/No




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