Punjab-Haryana High Court
Ashwani And Others vs State Of Ut Chandigarh And Others on 14 March, 2022
CRM-M No.46467 of 2019 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M No.46467 of 2019 (O&M)
Decided on: 14.03.2022
Ashwani and others
....Petitioners
Versus
State of U.T. Chandigarh and others
....Respondents
CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN
Present : Mr. Abhinay Goel, Advocate
for the petitioners.
Ms. Simsi Dhir Malhotra, APP, U.T., Chandigarh.
Mr. S.K. Liberhan, Advocate
for respondents No.2 and 3.
ARVIND SINGH SANGWAN, J. (Oral)
The petitioners have prayed for quashing of FIR No.70
dated 11.04.2016 for offence punishable under Sections 147, 149, 323,
341, 506 of the Indian Penal Code, 1860 (in short 'IPC'), at Police
Station Sector 36, Chandigarh and all other consequential proceedings
arising therefrom, on the basis of the compromise effected between the
parties.
Vide order dated 31.10.2019, 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 20.11.2019 has been submitted by the
Judicial Magistrate Ist Class, Chandigarh, wherein it has been reported
that statements of the petitioners and respondents No.2 and 3 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
MOHD YAKUB
2022.03.14 17:28
I attest to the accuracy and authenticity of
this document
Punjab & Haryana High Court,
Chandigarh.
satisfied that the parties have amicably settled their dispute without any
fear, pressure, threat or coercion and out of their free will.
Counsel for the petitioners has submitted that no other
criminal case is pending between the parties and none of the petitioner
has been declared as proclaimed offender.
Counsel for the State assisted with counsel for the
respondents No.2 and 3 has not disputed the fact that the parties have
arrived at a settlement with an intent to give burial to their differences.
I have heard counsel for the parties and perused the case
file.
After perusing the report submitted by the trial Court, this
Court is of the opinion that the matter has been amicably settled
between the petitioners and respondent/victims, who have decided to
bury their dispute and live in peace.
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 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:-
"57. The position that emerges from the above
discussion can be summarised thus: the power of the High
MOHD YAKUB
2022.03.14 17:28
I attest to the accuracy and authenticity of
this document
Punjab & Haryana High Court,
Chandigarh.
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 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 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
MOHD YAKUB
2022.03.14 17:28
I attest to the accuracy and authenticity of
this document
Punjab & Haryana High Court,
Chandigarh.
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 proceedings to continue.
In view of what has been discussed hereinabove, the
petition is allowed and FIR No.70 dated 11.04.2016 for offence
punishable under Sections 147, 149, 323, 341, 506 IPC, at Police
Station Sector 36, Chandigarh and proceedings emanating therefrom
are ordered to be quashed, qua the petitioners, subject to payment of
costs of Rs.5,000/- to be deposited with the District Legal Services
Authority, Chandigarh.
(ARVIND SINGH SANGWAN)
JUDGE
14.03.2022
yakub Whether speaking/reasoned Yes/No
Whether reportable: Yes/No
MOHD YAKUB
2022.03.14 17:28
I attest to the accuracy and authenticity of
this document
Punjab & Haryana High Court,
Chandigarh.
