Punjab-Haryana High Court
Sarabjit Singh Alias Sabbi vs State Of Punjab And Another on 8 July, 2022
CRM-M-8621-2020 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
253
CRM-M-8621-2020
Decided on : 08.07.2022
Sarabjit Singh @ Sabbi
. . . Petitioner
Versus
State of Punjab and another
. . . Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Mr. Piyush Sharma, Advocate for
Mr. Varun Sharma, Advocate
for the petitioner.
Mr. Sukhbeer Singh, AAG, Punjab.
Mr. Neeraj Madaan, Advocate
for respondent No. 2-complainant.
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VIKAS BAHL, J. (Oral)
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No. 53 dated 12.07.2018 under Sections 420, 465, 467, 468 and 120-B
of the Indian Penal Code,1860 registered at Police Station Satnampura,
Phagwara, District Kapurthala (Annexure P-1) and all subsequent
proceedings arising on the basis of the compromise.
On 28.02.2020, a coordinate Bench of this Court was pleased
to pass the following order:-
"This is a petition for quashing of FIR on
the basis of compromise.
Notice of motion.
At the asking of the Court, Ms. Amarjit
Kaur Khurana, DAG, Punjab, accepts notice on
behalf of respondent No.1-State and Sh.Neeraj
Madaan, Advocate has appeared on behalf of
respondent No.2 by filing memo of appearance.
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He states that the matter has been compromised
between the parties.
It is stated that the matter is still being
investigated and challan has not yet been filed.
Under the circumstances, the parties are
directed to appear before learned Illaqa
Magistrate within one month from today and the
Illaqa Magistrate is to record the statements of
the affected persons i.e. complainant and accused
and then to report whether the parties have
entered into compromise voluntarily without any
threat or coercion. The Illaqa Magistrate is also
to report whether any of the parties has been
declared as proclaimed offenders.
Report be submitted to this Court by the
next date of hearing fixed as 07.05.2020.
The State counsel shall also get the
genuineness of the compromise verified and
inform the Court in that regard.
Sd/-
28.02.2020 (H. S. MADAAN)
JUDGE"
In pursuance of the said order, a report has been submitted
by the Sub Divisional Judicial Magistrate, Phagwara to the Registrar
General of this Court. The relevant portion of the said report is
reproduced hereinbelow:-
"It is humbly submitted in terms of the
order dated 28.02.2020, passed by Hon'ble
Punjab & Haryana High Court in CRM-M-8621-
2020 that:
1. Complainant/respondent No.2 Harish
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Chander Sharma and accused/petitioner
Sarabjit Singh @ Sabbi have appeared
before the undersigned.
2. Complainant Harish Chander Sharma has
a suffered statement to the effect that he
has compromised the matter with accused
without any pressure, coercion and with
free consent. He has no objection if the FIR
is quashed against accused Sarabjit Singh.
He also given his affidavit regarding this
fact and original affidavit is in the Hon'ble
High Court and copy of said affidavit
proved as mark-A.
3. Statement of accused Sarabjit Singh @
Sabbi was also recorded, who suffered a
statement on the similar lines.
This court is satisfied that compromise
between the parties has been effected voluntarily
without any threat or coercion. It is also humbly
submitted that as per report of the Ahlmad of this
Court as well as statement of I.O., no accused has
been declared proclaimed offender in this case.
The original statements are annexed herewith for
kind perusal of your goodself and necessary
action, please. The report is hereby submitted
accordingly.
Thanking You,"
A perusal of the above report would show that it has been
stated that the statements of the complainant as well as the petitioner have
been recorded in the case and they have stated that the matter has been
compromised and they have no objection in case the FIR is quashed. It is
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further stated that the statement of the complainant has been made
voluntarily without any fear, coercion or pressure.
Learned counsel for the petitioner as well as respondent No.
2-complainant have submitted that there were 3 accused in the present case
out of which one accused namely Jaswant Singh has died and the third
accused namely Harnek Singh Talwar @ Mintu has already filed a
petitioner under Section 482 Cr.P.C. for quashing of the FIR on the basis
of the compromise and the same has been allowed vide order dated
24.02.2020 by a coordinate Bench of this Court in CRM-M-43876-2019.
Learned counsel for the petitioner has submitted that the
petitioner was not declared proclaimed offender in the present case and is
not involved in any other case.
Learned counsel for the State, as per instructions, has stated
that the abovesaid facts are correct.
Learned counsel for respondent No. 2-complainant has
reiterated the factum of compromise and has prayed for quashing of FIR
on the basis of the same.
This Court has heard the learned counsel for the parties and
has perused the file. After perusing the report submitted by the trial Court
as well reply submitted on behalf of the State, this Court finds that the
matter has been amicably settled between the petitioner and the
complainant and the present FIR having been compromised deserves to be
quashed. 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
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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 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. 53 dated 12.07.2018 under Sections 420, 465, 467,
468 and 120-B of the Indian Penal Code,1860 registered at Police Station
Satnampura, District Kapurthala (Annexure P-1) and all subsequent
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proceedings arising on the basis of the compromise, are ordered to be
quashed, qua the petitioner.
(VIKAS BAHL)
th
July 8 , 2022 JUDGE
Mehak
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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