Punjab-Haryana High Court
Jeevan Kumar And Anr vs State Of Punjab And Another on 20 December, 2022
CRM-M-57582-2022 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
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CRM-M-57582-2022
Date of decision:20.12.2022
Jeevan Kumar and another
... Petitioners
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Amit Dhawan, Advocate and
Ms. Navneet Kaur, Advocate for the petitioners.
Mr. Amit Shukla AAG, Punjab.
Ms. Nancy, Advocate for
Mr. Raman, Advocate for respondent No.2.
VIKAS BAHL, J.(ORAL)
This is a petition under Section 482 Cr.P.C. praying for
quashing of FIR No.161 dated 08.06.2022, registered under Section 379
IPC (Section 411 IPC has been added later on) at Police Station Division
No.8, Jalandhar (Annexure P-1) along with all other consequential
proceedings arising therefrom on the basis of compromise.
On 09.12.2022, this Court was pleased to pass the following
order:-
"This is a petition under Section 482 Cr.P.C. praying
for quashing of FIR No.161 dated 08.06.2022, registered
under Section 379 IPC (Section 411 IPC has been added later
on), at Police Station Division No.8, Jalandhar and all other
consequential proceedings arising therefrom on the basis of
compromise.
Learned counsel for the petitioners has submitted that
all the persons concerned are party to the compromise.
Notice of motion for 20.12.2022.
On the asking of the Court, Mr. Ramdeep Partap Singh,
Sr. DAG, Punjab, accepts notice on behalf of respondent No.1
and Mr. Rakesh Tiwari, Advocate, appears and accepts notice
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on behalf of respondents No.2 and admits the factum of
compromise.
The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their statements qua
compromise within a period of 8 days from today.
The Illaqa Magistrate/trial Court is directed to submit a
report on or before the next date of hearing containing the
following information:-
1. Number of persons arrayed as accused.
2. Whether any accused is proclaimed offender?
3. Whether the compromise is genuine, voluntary and
without any coercion or undue influence?
4. Whether the accused persons are involved in any other
FIR or not?
5. The trial Court is also directed to record the statement of
the Investigating Officer as to how many
victims/complainants are there in the FIR.
(VIKAS BAHL)
December 09, 2022 JUDGE"
In pursuance of the said order, a report has been submitted by
Judicial Magistrate 1st Class, Jalandhar. The relevant portion of the said
report is reproduced hereinbelow:-
"(iii) As per the statements of complainant/respondent,
petitioners/accused persons and Investigating Officer, the
compromise (in the shape of affidavit) entered into is genuine,
voluntary and without any coercion or undue influence. The
identity of the respondent/complainant and petitioners/accused
was also ensured and the copies of their Aadhar Cards are
attached with their statements, respectively.
xxx xxx
(v) As per the statement of complainant and petitioners/
accused persons, there is no other complainant or aggrieved
person except complainant Rakesh Tiwari in the present case.
Hence, the requisite report is submitted for the present
case."
A perusal of the above said report would show that the
petitioners and complainant-respondent No.2 have appeared and suffered
statements with respect to the compromise, which have been found to be
voluntary, genuine, and out of free will.
Learned counsel for the petitioners has further submitted that
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the petitioners were not declared proclaimed offenders in the present case.
Learned State counsel has stated that he has no objection in
case the FIR is quashed on the basis of compromise qua the petitioners.
Learned counsel for respondent No.2 has again reiterated that
the matter has been settled and the said compromise is in the interest of all
the persons and would help in bringing out peace and amity between the
two parties.
This Court has heard the learned counsel for the parties and has
perused the file.
After perusing the report submitted by the trial Court, this
Court finds that the matter has been amicably settled between the petitioners
and the complainant. Since the matter has been settled and the parties have
decided to live in peace, this Court feels 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 opinion that the same is 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
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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."
In view of what has been discussed hereinabove, this petition is
allowed and FIR No.161 dated 08.06.2022, registered under Section 379
IPC (Section 411 IPC has been added later on) at Police Station Division
No.8, Jalandhar (Annexure P-1) along with all other consequential
proceedings arising therefrom on the basis of compromise, are ordered to
be quashed qua the petitioners.
(VIKAS BAHL)
20.12.2022 JUDGE
Ishwar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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