Punjab-Haryana High Court
Maarry Wilson vs State Of Punjab And Another on 15 December, 2022
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
256
CRM-M-50062-2022
Date of decision: 15.12.2022
MARRY WILSON
....Petitioner
Versus
STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : None for the petitioner.
Mr. Kamalpreet Bawa, AAG, Punjab.
*****
AMAN CHAUDHARY. J.
Present petition has been filed for quashing of FIR No.83, dated
16.06.2015, under Sections 448, 511, 380, 506 IPC registered at Police Station
Division No.2, District Ludhiana and all other consequential proceedings
arising therefrom on the basis of the compromise dated 23.12.2021 (Annexure
P-2).
Notice of motion was issued on 31.10.2022 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 13.12.2022 has been
received from the Judicial Magistrate 1st Class, Ludhiana. 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 compromise effected between them is genuine, without any undue influence
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and coercion. It is stated in the report that there are three accused and one
victim, who is complainant. None of the accused has been declared as
proclaimed offender and none of them is involved in any other FIR.
While relying upon the judgment of Hon'ble the Supreme Court in
case of "Jayrajsingh Digvijaysingh Rana vs State of Gujrat and another",
2012(12) SCC 401, learned counsel for the petitioner contends that where there
is a partial compromise with some of the accused then also the proceedings
against the said accused should be quashed as the same would not even
remotely result in conviction of the said accused.
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
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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
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.83, dated
16.06.2015, under Sections 448, 511, 380, 506 IPC registered at Police Station
Division No.2, District Ludhiana, and all other consequential proceedings
arising therefrom on the basis of the compromise dated 23.12.2021 (Annexure
P-2), are quashed qua the petitioner(s).
(AMAN CHAUDHARY)
JUDGE
December 15, 2022
P.Bhatt
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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