Punjab-Haryana High Court
Preetinder Singh vs State Of Punjab And Another on 26 July, 2022
CRM M-19161-2022 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
283 CRM M-19161-2022 (O&M)
Date of Decision: July 26, 2022
Preetinder Singh ...Petitioner
Vs.
State of Punjab & another ...Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present : Mr. Tejinder Pal Singh, Advocate
for the petitioner.
Mr. Sarabjit S. Cheema, AAG, Punjab.
Mr. G.B.S. Gill, Advocate
for respondent No. 2.
VIKAS BAHL, J. (Oral)
This is a petition under Section 482 of Cr.P.C. for quashing
of FIR No.10 dated 14.01.2022, registered under Sections 379-B and
later of added Section 201 of the Indian Penal Code, 1860 at Police
Station Sadar Dhuri, District Sangrur (Annexure P-1) and all the
subsequent proceedings arising therefrom on the basis of compromise
(Annexure P-2).
On 24.05.2022, this Court was pleased to pass the following
order:-
" Learned counsel for the parties has submitted that one
last opportunity be granted to the parties to get their statements
record before the Illaqa Magistrate/trial Court.
Adjourned to 26.07.2022.
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The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their statements qua
compromise within a period of 6 weeks 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."
However, since the statements of the parties could not
be recorded as they had not appeared before the Illaqa
Magistrate/trial Court in spite of the direction given, thus,
the abovesaid opportunity is granted, subject to the payment
of costs of Rs. 5,000/- which shall be deposited by the
petitioner in the bar Clerks Association,Punjab and Haryana
High Court, Chandigarh, within a period of 6 weeks from
today.
The trial Court shall only record the statements of
parties on production of receipt of the said payment.
It is made clear that if the said amount is not deposited
within the stipulated period of time, then the present petition
would be deemed to have been dismissed.
In pursuance of the abovesaid order, a report has been
submitted by the Judicial Magistrate Ist Class, Malerkotla. The relevant
portion of the said report is reproduced hereinbelow:-
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"After evaluating the statements of the parties, the
report on the enumerated aspects submitted as under:-
Number of accused arrayed in the present FIR?
Perusal of the file and as per the statement of the IO HC
Tejinder Singh No.545/SGR, there is only one accused
person arrayed in the present FIR namely Preetinder
Singh.
Whether any accused is declared as proclaimed
offender?
Perusal of the file and as per the statement of the IO HC
Tejinder Singh No.545/SGR, the said accused has not
been declared as PO in the present FIR by any Hon'ble
Court.
Whether the compromise is genuine, voluntarily and
without any coercion or undue influence?
The complainant stated that the matter has been
compromised between them with free will, voluntarily
without any coercion or undue influence.
Whether the accused persons are involved in any other
FIR or not?
As per the statement of IO HC Tejinder Singh No.545
/SGR, the said accused namely Preetinder Singh is not
involved in any other FIR.
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?
As per the statement of IO HC Tejinder Singh
No.545/SGR, there is no other victims/complainants
persons in the said FIR.
Therefore, from the statement of the complainant, it is
concluded that the compromise so effected between the
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parties is genuine, voluntarily and without any coercion
or undue influence.
Hence report submitted accordingly, please.
Thanking you.
Yours faithfully,
Sd/- (Suresh Kumar
Judicial Magistrate Ist Class,
Malerkotla (Duty Magistrate)
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 petitioner has submitted that the
petitioner was not declared proclaimed offender in the present case and
there are no other cases pending against the petitioner. Learned
counsel for the State, as per instructions has stated that these facts are
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 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
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Court, this Court finds that the matter has been amicably settled between
the petitioner 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", 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.
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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.10 dated 14.01.2022, registered under Sections
379-B and later of added Section 201 of the Indian Penal Code, 1860 at
Police Station Sadar Dhuri, District Sangrur and all the subsequent
proceedings arising therefrom on the basis of compromise, are ordered to
be quashed, qua the petitioner.
Costs of Rs.5000/- as imposed vide order dated 24.05.2022
passed by this Court has been deposited by the petitioner in Punjab &
Haryana High Court Bar Clerks Association, Chandigarh.
All the pending miscellaneous applications, if any, stand
disposed of in view of the abovesaid judgment.
July 26, 2022 (VIKAS BAHL)
amit rana JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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