Hukam Chand vs State Of Punjab And Another
2022 Latest Caselaw 1385 P&H

CRM-M-31266-2021                                                         -1-


       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                  CRM-M-31266-2021 (O&M)
                                                  Date of decision: 09.03.2022

Hukam Chand
                                                                    ...Petitioner


                                         Versus


State of Punjab and another
                                                                 ...Respondents

CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN

Present:    Mr. I.S. Mann, Advocate
            for the petitioner.

            Mr. Joginder Pal Ratra, DAG, Punjab.

            Mr. K.S. Brar, Advocate
            for respondent No.2.

                   ******

ARVIND SINGH SANGWAN, J.

The petitioner has prayed for quashing of FIR No.249 dated

20.09.2019 for the offences punishable under Section 338 of the Indian

Penal Code ('IPC' for short) and Sections 25/27 of Arms Act, registered at

Police Station City Sri Muktsar Sahib, District Sri Muktsar Sahib and all the

subsequent proceedings arising therefrom, on the basis of compromise

effected between the parties.

Vide order dated 05.08.2021, the parties were directed to appear

before the trial Court/Illaqa Magistrate to get their statements recorded with

regard to genuineness of the compromise.

A report dated 31.08.2021 has been submitted by the Chief

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Judicial Magistrate, Sri Muktsar Sahib, wherein it has been reported that

statements of the petitioner and respondent No.2 have been recorded and

statements made by the parties in the Court reveal that they have voluntarily

entered into a compromise and the Court is satisfied that the parties have

amicably settled their dispute without any fear, pressure, threat or coercion

and out of their free will.

Learned counsel for the petitioner submits that no other criminal

case is pending between the parties and the petitioner is not a proclaimed

offender.

Learned State counsel as well as learned counsel for respondent

No.2 have not disputed the fact that the parties have arrived at a settlement

with an intent to give burial to their differences.

I have heard learned counsel for the parties and perused the case

file.

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 the 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 feel that the same was 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, has held as under:-

"The position that emerges from the above discussion can be

summarised thus: the power of the High Court in quashing a

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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 what cases power to quash the criminal proceeding or

complaint or F.I.R may be exercised where the offender and

victim have settled their dispute would depend on the facts and

circumstances of each case and no category can be prescribed.

However, before exercise of such power, the High Court must

have due regard to the nature and gravity of the crime. Heinous

and serious offences of mental depravity or offences like

murder, rape, dacoity, etc. cannot be fittingly quashed even

though the victim or victim's family and the offender have

settled the dispute. Such offences are not private in nature and

have serious impact on society. Similarly, any compromise

between the victim and offender in relation to the offences

under special statutes like Prevention of Corruption Act or the

offences committed by public servants while working in that

capacity etc; cannot provide for any basis for quashing

criminal proceedings involving such offences. But the criminal

cases having overwhelmingly and predominatingly civil flavour

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stand on different footing for the purposes of quashing,

particularly the offences arising from commercial, financial,

mercantile, civil, partnership or such like transactions or the

offences arising out of matrimony relating to dowry, etc. or the

family disputes where the wrong is basically private or personal

in nature and the parties have resolved their entire dispute. In

this category of cases, High Court may quash criminal

proceedings if in its view, because of the compromise between

the offender and victim, the possibility of conviction is remote

and bleak and continuation of criminal case would put accused

to great oppression and prejudice and extreme injustice would

be caused to him by not quashing the criminal case despite full

and complete settlement and compromise with the victim. In

other words, the High Court must consider whether it would be

unfair or contrary to the interest of justice to continue with the

criminal proceeding or continuation of the criminal proceeding

would tantamount to abuse of process of law despite settlement

and compromise between the victim and wrongdoer and

whether to secure the ends of justice, it is appropriate that

criminal case is put to an end and if the answer to the above

question(s) is in affirmative, the High Court shall be well within

its jurisdiction to quash the criminal proceeding."

Since the parties have arrived at a compromise and have decided

to live in peace, no useful purpose would be served in allowing the criminal

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proceedings to continue.

In view of what has been discussed hereinabove, present

petition is allowed and FIR No.249 dated 20.09.2019 under Section 338 IPC

and Sections 25/27 of Arms Act, registered at Police Station City Sri

Muktsar Sahib, District Sri Muktsar Sahib and all the subsequent

proceedings arising therefrom are ordered to be quashed qua the petitioner,

however, subject to payment of costs of Rs.5,000/- to be deposited with the

District Legal Services Authority, concerned.

                                          [ ARVIND SINGH SANGWAN ]
09.03.2022                                         JUDGE
vishnu

Whether speaking/reasoned         Yes/No
Whether reportable:               Yes/No




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