Punjab-Haryana High Court
Karan Kangra vs State Of Punjab And Another on 8 March, 2022
CRM-M-7435-2021 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
248-A
CRM-M-7435-2021 (O&M)
Decided on : 08.03.2022
Karan Kangra
. . . Petitioner
Versus
State of Punjab and another
. . . Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Mr. Shrey Goel, Advocate
for the petitioner.
Mr. Sukhbeer Singh, AAG, Punjab.
Mr. Abhinav Aggarwal, Advocate
for respondent No. 2.
(Through Video Conferencing)
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VIKAS BAHL, J. (Oral)
CRM-3461-2021
Present application has been filed under Section 482 Cr.P.C.
for placing on record the compromise, Affidavit of the respondent No. 2
and affidavit of the petitioner as Annexures A-1 to A-3 respectively.
For the reasons mentioned in the application, same is allowed
subject to all just exceptions and Annexures A-1 to A-3 are taken on
record.
Main Case
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No. 38 dated 28.01.2021 registered under Section 406 of the Indian
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Penal Code,1860 registered at Police Station Division No. 5, Police
Commissionerate, District Ludhiana (Annexure P-1) and all subsequent
proceedings arising therefrom on the basis of the compromise.
When the matter came up before this Court on 08.02.2022,
the following order was passed:-
"CRM-3598-2022
This is an application filed under Section 482 of
Cr.P.C. for extension of time and for recording of the
statements of the parties.
Learned counsel for the applicant/petitioner has
submitted that the main case is listed for 11.02.2022 and
thus, prayed that the date of hearing in the main case
may kindly be preponed from 11.02.2022 to today and
another opportunity may kindly be given to the parties to
get their statements recorded before the trial Court as
they could not get their statements recorded on the given
date, due to the 3rd wave of COVID-19 pandemic which
is prevailing in the country.
In view of the abovesaid facts and averments
made in the application, application is allowed.
Main case is taken on Board today itself.
Main case
Both the parties are again directed to appear
before the Illaqa Magistrate/trial Court for recording
their statements qua compromise within a period of 15
days from today.
List this matter on 02.03.2022.
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?
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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."
In pursuance of the said order, a report has been submitted by
the Additional Chief Judicial Magistrate, Ludhiana to the Registrar
(General) of this Court. The relevant portion of the said report is
reproduced hereinbelow:-
"3. Upon perusal of above statements and
documents available on record, this court submits
requisite report as under:
(i) Only one person namely Karan Kangra has been
arrayed in the instant FIR.
(ii) None of the accused has been declared
proclaimed offender.
(iii) Compromise effected between the parties is
genuine, voluntary and without any coercion or
undue influence.
(iv) Accused of this case namely Karan Kangra,
besides this case bearing FIR No.38, is involved
four other cases also i.e. case bearing FIR No.194
dated 30.07.2021 U/s 406, 420 IPC, PS Div. No.2,
Ludhiana, FIR No.199 dated 31.07.2021 U/s 406,
dated 11.08.2021 U/s 406, 420 IPC, PS Div. No.8.
Ludhiana and FIR No.34 dated 09.02.2021 U/s
of one case bearing No.34 dated 09.02.2021 U/s
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been quashed by the Hon'ble High Court.
Whereas quashing petitions with regard to other
all cases except case bearing FIR No.247 dated
11.08.2021 U/s 406, 420 IPC, PS Div. No.8,
Ludhiana are pending before the Hon'ble High
Court.
(v) In this case there is only one victim/complainant
namely Sonu son of Krishan Lal.
4. Above referred documents and statements are
enclosed herewith for kind consideration of the Hon'ble
Court. Hence, this report of compliance of order dated
08.02.2022 is hereby submitted for kind consideration
and for further necessary orders, if any.
Thanking you,"
A perusal of the said report would show that 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. The
fact that the petitioner is involved in other cases would not come in the
way of quashing of the present FIR on the basis of compromise. 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 never declared proclaimed offender in the present case.
Learned counsel for the State, as per instructions, has stated
that these facts are correct.
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Learned counsel for respondent No. 2 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,
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
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
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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. 38 dated 28.01.2021 registered under Section 406
of the Indian Penal Code,1860 registered at Police Station Division No. 5,
Police Commissionerate, District Ludhiana (Annexure P-1) and all
subsequent proceedings arising therefrom on the basis of the compromise,
are ordered to be quashed, qua the petitioner.
(VIKAS BAHL)
JUDGE
March 8th, 2022
Mehak
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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