Punjab-Haryana High Court
Gurtej Singh vs State Of Punjab And Another on 1 June, 2022
CRM-M-48942-2019 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CRM-M-48942-2019
Date of decision : 01.06.2022
Gurtej Singh
... Petitioner
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr.Iqbal Singh Mann, Advocate
for the petitioner.
Mr.Sukhbeer Singh, AAG, Punjab.
Mr.R.S.Dhaliwal, Advocate
for respondent no.2.
VIKAS BAHL, J.(ORAL)
This is a petition under Section 482 Cr.P.C. praying for
quashing of FIR no. 221 dated 29.08.2019 registered under Section 420 IPC
at Police Station City Sri Muktsar Sahib, District Sri Muktsar Sahib and all
other consequential proceedings arising therefrom on the basis of
compromise.
On 28.11.2019, a coordinate Bench of this Court was pleased to
pass the following order:-
"The petitioner is seeking quashing of FIR No.221 dated
29.08.2019 under Section 420 of IPC, registered at Police Station
City Sri Muktsar Sahib, District Sri Muktsar Sahib and subsequent
proceedings arising therefrom, on the basis of compromise dated
13.11.2019 (Annexure P-3), which has been arrived at between the
parties.
Learned counsel for the petitioner contends that the FIR is
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outcome of a monetary dispute between the parties which has now
been resolved and the matter has been compromised.
Issue notice to the respondents.
At the asking of the Court, Mr. N.K. Banka, DAG, Punjab
accepts notice on behalf of respondent No.1.
Mr. R.S. Dhaliwal, Advocate has put in appearance on
behalf of the complainant/respondent No.2 and states that the
matter has indeed been compromised.
List on 12.12.2019.
In the meantime, the parties are directed to appear before
Illaqa Magistrate/trial Court on 03.12.2019. The Illaqa
Magistrate/trial Court shall record their statements with regard to
the genuineness of the compromise as to whether the compromise
has been effected between the parties without any undue influence
or coercion and send the report to this Court before the next date
of hearing.
(ANUPINDER SINGH GREWAL)
JUDGE
28.11.2019."
In pursuance to the said order, a report has been submitted by
the Chief Judicial Magistrate, Sri Muktsar Sahib. The relevant portion of the
said report is reproduced hereinbelow:-
"The undersigned has carefully gone through the
statements got recorded by the complainant Balraj Singh and
accused Gurtej Singh. Ex. Facie, it transpires from the statements
of the parties (recorded before the undersigned) that they have
arrived at compromise with their free volition, without any
inducement, threat, promise, coercion or undue influence from any
quarter. Apparently, the compromise has been genuinely arrived at
to eliminate bitterness and acrimony between the parties and in
order to restore cordial relations.
Hence this report. Photocopies of the statements are
enclosed herewith for kind perusal.
Submitted please.
Enclosures: Photo copies of the Atul Kamboj PCS PB0262
Statement of the parties Chief Judicial Magistrate
Sri Muktsar Sahib"
A perusal of the above said report would show that the
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petitioner and respondent no.2 have appeared and have suffered statements
with respect to the compromise, which have been found to be voluntary,
genuine, and out of free will.
Learned State counsel has stated that he has no objection in
case the FIR is quashed on the basis of compromise qua the petitioner.
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 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", 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
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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."
In view of what has been discussed hereinabove, this petition is
allowed and FIR no. 221 dated 29.08.2019 registered under Section 420 IPC
at Police Station City Sri Muktsar Sahib, District Sri Muktsar Sahib and all
the subsequent proceedings emanating therefrom are ordered to be quashed,
qua the petitioner.
(VIKAS BAHL)
June 01, 2022. JUDGE
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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