Punjab-Haryana High Court
Anil Chaudhary And Ors vs Ut, Chandigarh And Ors on 6 July, 2022
CRM-M-18643-2022 (O&M) -1-
278
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-18643-2022 (O&M)
Date of decision : 06.07.2022
Anil Chaudhary and others
...Petitioners
Versus
Union Territory of Chandigarh and others
...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Viren Sibal, Advocate and
Mr. Satyam Sharda, Advocate for the petitioners.
Mr. Akashdeep Singh, Addl. PP UT Chandigarh.
Mr. Atul Gaur, Advocate for respondent Nos.2 and 3.
****
VIKAS BAHL, J. (ORAL)
This is a petition under Section 482 of Cr.P.C. for quashing of
FIR No.63 dated 10.04.2022 registered under Sections 420/120-B of the
Indian Penal Code, 1860 at Police Station Industrial Area, Chandigarh, UT
(Annexure P-2) and all the subsequent proceedings arising therefrom on the
basis of compromise.
On 26.05.2022, this Court had passed the following order:-
"CRM-19910-2022
Present application has been filed under Section 482
Cr.P.C. for amendment of the above mentioned petition.
Notice in the application to the non-
applicants/respondents.
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Learned State counsel as well as learned counsel appearing
for non-applicant/respondent No.2 and 3 have submitted
that they have no objection in case the amendment is
allowed.
In view of the averments made in the application as
well as stand of learned counsel for the non-
applicants/respondents, the present application is allowed
and the amended petition is taken on record.
CRM-M-18643-2022
This is a petition filed under Section 482 Cr.P.C. for
quashing of FIR No.63 dated 10.04.2022 registered under
Sections 420/120-B of the Indian Penal Code, 1860 at
Police Station Industrial Area, Chandigarh UT (Annexure
P-2) and all the subsequent 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.
Adjourned to 06.07.2022.
The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their statements qua
compromise within a period of one month.
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."
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Learned counsel for the petitioners has further prayed
that since petitioner No.3 is abroad thus, he be permitted to
get his statement recorded through his authorized
representative.
In view of above request made by learned counsel for
applicant-petitioners, the trial Court would permit the
statement of petitioner No.3 to be recorded through his
authorized agent/representative. "
In pursuance of the abovesaid order, a report has been
submitted by the Additional Chief Judicial Magistrate (Duty), Chandigarh.
The relevant portion of the said report is reproduced hereinbelow:-
"Now the point wise report is as under:
(1) As per statement of 10 ASI Dharmender Singh, PS-Indl.
Area, Chandigarh, there are three accused persons namely
Anil Monga Rajesh Narula and Anil Chaudhary in the
present case
2. As per statement of IO, no accused has been declared as
proclaimed offender.
3. The compromise is genuine, voluntary and without any
coercion or undue influence.
4. As per statement of IO, no accused person is involved in
any other case/FIR.
5. Statement of ASI Dharmender Singh, PS. Indl. Area,
Chandigarh was also recorded on 8.6.2022 who stated that
only one victim/complainant is there in the present FIR
namely Captain Viraat s/o Vinay Kumar.
Copies of statements made by the accused,
complainant and IO and true copy of compromise
deed/affidavit Ex.C1 to Ex.C3 along with copy of Special
Power of Attorney, executed by accused Anil Kumar Monga
in favour of Swami Advaitananda, are attached herewith for
kind perusal. Hence, report is accordingly sent to your
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good-self.
Submitted please.
Yours faithfully
Sd/- (T.P.S. Randhawa)
Addl. Chief Judicial Magistrate,
Chandigarh/Duty(PB0256)"
A perusal of the said report would show that the compromise
has been found to be genuine, without any pressure or undue influence. It
has been stated that the statements of the complainant as well as the accused
have been recorded in the case and both have stated that the matter has been
compromised and they have no objection in case the FIR is quashed. It is
further stated that the statement of the complainant has been made
voluntarily without any fear, coercion or pressure.
Learned counsel for the petitioners has submitted that the
petitioners were not declared proclaimed offenders in the present case and
there are no other cases pending against the petitioners. Learned counsel for
the State, as per instructions has stated that these facts are correct.
Learned counsel for respondent Nos.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 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
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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", reported as 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", reported as 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, the petition is
allowed and FIR No.63 dated 10.04.2022 registered under Sections
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420/120-B of the Indian Penal Code, 1860 at Police Station Industrial Area,
Chandigarh, UT (Annexure P-2) and all the subsequent proceedings arising
therefrom on the basis of compromise, are ordered to be quashed, qua the
petitioners.
All the pending miscellaneous applications, if any, stand
disposed of in view of the abovesaid judgment.
06.07.2022 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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