Dumesh Chander And Anr vs State Of Punjab And Another
2022 Latest Caselaw 1031 P&H

CRM-M-2693-2022                                                 -1-


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
(234)
                                  CRM-M-2693-2022
                                  Date of decision: - 28.02.2022

Dumesh Chander and another
                                                                      ....Petitioner

                                   Versus

State of Punjab and another
                                                                 .....Respondents


CORAM : HON'BLE MR. JUSTICE VIKAS BAHL


Present:-     Ms. Simsi Dhir Malhotra, Advocate,
              for the petitioners.

              Mr. H.S. Multani, AAG, Punjab.

              Ms. Ekta Thakur, Advocate
              for respondent No.2.

                           ****

VIKAS BAHL, J. (ORAL)

This is a petition filed under Section 482 of Cr.P.C. for

quashing of FIR No.254 dated 08.11.2020, registered under Sections

379-B, 323, 411 of the Indian Penal Code, 1860 read with Sections

25/54/59 of the Arms Act at Police Station Model Town, District

Hoshiarpur (Annexure P-1) and all the subsequent proceedings arising

therefrom on the basis of compromise.

On 03.02.2022, this Court was pleased to pass the following

order:-

"This is a petition filed under Section 482 of Cr.P.C. for quashing of FIR No.254 dated 08.11.2020 registered under Sections 379-B, 323, 411 of the Indian Penal Code, 1860 read with Sections

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25/54/59 of the Arms Act at Police Station Model Town, District Hoshiarpur (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise dated 11.11.2020 (Annexure P-2).

Learned counsel for the petitioners has submitted that all the persons concerned are party to the compromise.

Notice of motion for 28.02.2022.

On asking of the Court, Mr. Sarabjit S. Cheema, AAG, Punjab appears and accepts notice on behalf of the respondent-State and Ms. Ekta Thakur, Advocate appears on behalf of respondent No.2.

The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 15 days.

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."

In pursuance of the said order, the report has been submitted

by the Chief Judicial Magistrate, Hoshiarpur to the Assistant Registrar of

this Court. The relevant part of the report is reproduced hereinbelow:-

"From the statements of the complainant, the accused & Investigating Officer the report of the undersigned is as under:

1. That as per statements suffered by the complainant as well as Investigating Officer ASI Gurdial Singh No. 906 HPR, Police Post Purhira PS Model Town, Hoshiarpur in the present FIR, only two persons namely Dumesh Chander and Abhinav Kumar

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have been arrayed as accused.

2. That as per the statement of Investigating Officer ASI Gurdial Singh No. 906 HPR, Police Post Purhira PS Model Town, Hoshiarpur, no accused is Proclaimed Offender in the present case.

3. That in view of the above statements of the complainant and the accused, I am of the opinion that the compromise is genuine, voluntary and out of free will.

4. That as per the statement of Investigating Officer ASI Gurdial Singh No. 906 HPR, Police Post Purhira PS Model Town, Hoshiarpur, no other FIR is pending against the accused persons at PS Model Town, Hoshiarpur.

5. That as per the statement of Investigating Officer ASI Gurdial Singh No. 906 HPR, Police Post Purhira PS Model Town, Hoshiarpur, there is only one complainant/victim namely Gaurav Garg in the present case.

Hence, the report is submitted please as desired.

Thanking you Yours faithfully,

Pushpa Rani Chief Judicial Magistrate, Hoshiarpur UID No. PB-0279"

A perusal of the said report would show that statements of

the concerned persons have been recorded in the case, who have stated

that the matter has been compromised and they have no objection in case

the FIR in question is quashed. They have further stated that the said

compromise is being entered into with there genuine, voluntary and out of

free will.

Learned counsel for the petitioners has submitted that there is

no other FIR against the petitioners and they have not been declared

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proclaimed offenders. Learned counsel for the State, as per instructions,

has stated that this fact is correct.

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 parties.

This Court has heard the learned counsel for the parties and

has perused the file.

After perusing the report submitted by the learned 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 feel 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

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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 what has been discussed hereinabove, this petition

is allowed and FIR No.254 dated 08.11.2020 registered under Sections

379-B, 323, 411 of the Indian Penal Code, 1860 read with Sections

25/54/59 of the Arms Act at Police Station Model Town, District

Hoshiarpur (Annexure P-1) and all the subsequent proceedings emanating

therefrom are ordered to be quashed, qua the petitioners.

                                                 ( VIKAS BAHL )
February 28, 2022                                     JUDGE
naresh.k

            Whether reasoned/speaking?                  Yes/No
            Whether reportable?                         Yes/No




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