Punjab-Haryana High Court
Iqbal Singh And Others vs State Of Punjab And Others on 17 March, 2022
CRM-8739-2022 in/and -1-
CRM-M-44048-2020
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(122)
CRM-8739-2022 in/and
CRM-M-44048-2020
Date of decision: - 17.03.2022
Iqbal Singh and others
....Petitioners
Versus
State of Punjab and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. K.B. Raheja, Advocate,
for the applicants-petitioners.
Mr. Sukhbeer Singh, AAG, Punjab.
Mr. Harsh Raheja, Advocate,
for respondents No.6.
( Through Video Conferencing )
****
VIKAS BAHL, J. (ORAL)
CRM-8739-2022
This is an application filed under Section 482 of Cr.P.C. for
preponement of the date of hearing in the main case which is now stated
to be listed for 26.09.2022 to an early date.
Learned counsel for the applicant-petitioners has submitted
that in pursuance of direction issued by this Court vide order dated
12.11.2021, the statements of the parties have been recorded and thus, the
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present case be preponed to an early date.
Learned State counsel as well as respondent No.6 has
submitted that they have no objection in case the present application is
allowed and the date of hearing is preponed.
In view of the above, the application is allowed and the date
of hearing in the main case is preponed from 26.09.2022 to today.
CRM-M-44048-2020
This is the first petition under Section 482 of Cr.P.C. for
quashing of FIR No.09 dated 21.03.2020 under Sections 420, 465, 467,
468, 471 and 120- B of IPC, registered at Police Station, Arif Ke, District
Ferozepur and all the subsequent proceedings arising therefrom on the
basis of compromise.
On 12.11.2021, this Court was pleased to pass the following
order:-
"This is the first petition under Section 482 of Cr.P.C. for
quashing of FIR No.09 dated 21.03.2020 under Sections 420, 465,
467, 468, 471 and 120-B of IPC, registered at Police Station, Arif Ke,
District Ferozepur and all the consequential proceedings arising
therefrom, on the basis of compromise deed dated 14.12.2020
(Annexure P-3).
Adjourned 20.01.2022.
The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their statements qua compromise
within a period of 15 days.
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, the report has been submitted
by the Judicial Magistrate 1st Class, Ferozepur to the Registrar of this
Court. The relevant part of the report is reproduced hereinbelow:-
"From the aforesaid statements, the undersigned is satisfied
that the statements of the parties are bonafide and that the
compromise effected between the parties is genuine, voluntarily and
without any coercion or undue influence. (1) It is submitted that as per
the statement of the Investigating Officer there are total four persons
arrayed as accused in the present FIR namely (i) Iqbal Singh, (ii)
Sukhwinder Singh, (iii) Kewal Singh, (iv) Kuldeep Singh sons of
Resham Singh, all residents of village Kamalwala, Tehsil and District
Ferozepur. (2) It is further submitted that none of the accused has
been declared proclaimed offender in the present case. (3). It is
further submitted that compromise effected between the parties is
genuine, voluntarily and without any coercion or undue influence. (4)
It is further submitted that as per the statement of ASI Kulbir Singh
i.e. Investigating Officer, there are numerous cases registered against
accused namely Iqbal Singh son of Resham Singh (eleven cases except
the present case), accused namely Kuldeep Singh @Billa son of
Resham Singh (five cases except the present case), accused namely
Kewal Singh son of Resham Singh (three cases except the present
case) and accused namely Sukhwinder Singh son of Resham Singh
(three cases except the present case). (5) It is further submitted there
is only one complaint/victim namely Gurlal Singh son of Satnam
Singh, resident of village Kamal Wala @ Muthian Wala, Arif Ke
Tehsil and District Ferozepur in the present case.
Hence, the report is hereby submitted for your honour's kind
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perusal.
Thanking you,
Yours faithfully,
Encls: Original Copies of the
statements of the parties
Judicial Magistrate 1st Class
Ferozepur"
A perusal of the said report would show that statements of
the concerned persons have been recorded in the case, who have stated
that the matter has been compromised and they have no objection in case
the FIR in question is quashed. Perusal of the said report would also show
that although the petitioners are involved in other cases, but the same
would not come in the way of quashing of present petition as the
compromise between the parties has been found to be genuine, voluntarily
and without any coercion or undue influence.
Learned counsel for respondent No.6 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 parties.
This Court has heard the learned counsel for the parties and
has perused the file.
After perusing the report submitted by the learned trial Court,
this Court finds that the matter has been amicably settled between the
petitioners 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.
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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, 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.
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, this petition
is allowed and FIR No.09 dated 21.03.2020 under Sections 420, 465, 467,
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468, 471 and 120- B of IPC, registered at Police Station, Arif Ke, District
Ferozepur and all the subsequent proceedings emanating therefrom are
ordered to be quashed, qua the petitioners.
( VIKAS BAHL )
March 17, 2022 JUDGE
naresh.k
Whether reasoned/speaking? Yes
Whether reportable? No
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