Punjab-Haryana High Court
Balwinder Singh @ Lucky & Others vs State Of Punjab & Anr on 4 July, 2022
CRM-M-49040-2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(257)
CRM-M-49040-2018
Date of decision: - 04.07.2022
Balwinder Singh @ Lucky and others
....Petitioners
Versus
State of Punjab and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Rishu Mahajan, Advocate, for the petitioners.
Mr. Sarabjit S. Cheema, AAG, Punjab.
Mr. Vikas Bishnoi, Advocate, for respondents No.2 and 3.
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VIKAS BAHL, J. (ORAL)
This is a petition under Section 482 Cr.P.C. praying for
quashing of FIR No.147 dated 07.04.2018, under Sections 341, 323, 427,
379, 506, 148, 149 and 403 of the Indian Penal Code, 1860, registered at
Police Station Civil Lines, District Amritsar (Annexure P-1) and all other
consequential proceedings arising therefrom on the basis of compromise.
On 25.03.2019, a Co-ordinate Bench of this Court was
pleased to pass the following order:-
"It has been pointed out by both the sides that the matter has
been compromised.
In view of the above, let the parties appear before the Court of
learned Illaqa Magistrate/trial Court on 24.04.2019 to record their
statements with reference to the compromise, if any, entered into
between them.
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Petitioners will file their respective affidavits that there is no
other criminal case pending against them and also give the details of
any other FIR(s), which have already been quashed on the basis of
compromise.
Learned Illaqa Magistrate/trial Court will record the
statements of all accused, complainant/injured and victim, if any, and
submit a report alongwith the statements to this Court before the next
date of hearing containing the following information:-
(i) Whether the statements of the parties are bonafide and are not
result of any pressure or coercion etc. in any manner?
(ii) Whether the compromise effected between the parties is
genuine and valid?
(iii) Whether all the accused, complainant and injured are party to
the compromise and if not, the details/particulars of such
person(s).
(iv) Whether any other case is pending against either of the parties
or not, if yes, the details thereof?
(v) Whether any of the persons involved in this case/dispute has
been declared a proclaimed offender?
(vi) Whether any of the petitioner(s) is/are previous convict or not?
List before this Court on 14.05.2019 for further consideration.
Meanwhile, learned State counsel shall also get the instructions
in the matter as to whether the State has any objection or not?
Copy of this order be sent to learned Judicial Officer
concerned forthwith for information and strict compliance.
March 25, 2019 (MAHABIR SINGH SINDHU)
JUDGE"
In pursuance of the said order, the report has been submitted
by the Chief Judicial Magistrate, Amritsar to the Assistant Registrar
(Criminal) of this Court. The relevant part of the report is reproduced
hereinbelow:-
"Hence, report on the information sought by Hon'ble High
Court is submitted as under :-
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(i) Whether the statements of the parties are bonafide and are not
result of any pressure or coercion etc. in any manner ?
Yes. The statements of parties are bonafide and are not result of any
pressure or coercion etc. in any manner.
(ii) Whether the compromise effected between the parties is genuine
and valid?
Yes. The compromise between the parties is genuine and valid.
(iii) Whether all the accused, complainant and injured are party to the
compromise and if not, the details/particulars of such person(s).
Yes, All the accused, complainant and injured are party to the
compromise.
(iv) Whether any other case is pending against either of the parties or
not, if yes, the details thereof?
No other case is pending against either of the parties.
(v) Whether any of the persons involved in this case/dispute has been
declared as proclaimed offender ?
No accused has been declared as proclaimed offender.
(vi) Whether any of the petitioner(s) is/are previous convict or not ?
No. As per statement of Investigating officer, none of the petitioner is
previous convict.
The report as well as original statements of the parties is
submitted for kind perusal of the Hon'ble High Court.
Submitted please.
Yours faithfully,
(Baljidner Singh),
Chief Judicial Magistrate,
Amritsar.
UID No.PB0255."
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, voluntarily and
without any coercion or undue influence.
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Learned counsel for the petitioners has submitted that there is
no other FIR against the petitioners and they have not been declared
proclaimed offender. Learned counsel for the State, as per instructions,
has stated that this fact is correct.
Learned counsel for respondents No.2 and 3 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 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
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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:-
"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.147 dated 07.04.2018, under Sections 341, 323,
427, 379, 506, 148, 149 and 403 of the Indian Penal Code, 1860,
registered at Police Station Civil Lines, District Amritsar (Annexure P-1)
and all the subsequent proceedings emanating therefrom are ordered to be
quashed, qua the petitioners.
( VIKAS BAHL )
July 04, 2022 JUDGE
naresh.k
Whether reasoned/speaking? Yes
Whether reportable? No
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