Punjab-Haryana High Court
Kirpal Singh And Others vs State Of Punjab And Another on 21 March, 2022
CRM-M-50470-2021 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
255
CRM-M-50470-2021
Decided on : 21.03.2022
Kirpal Singh and others
. . . Petitioners
Versus
State of Punjab and others
. . . Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Mr. Kuljit Singh Bal, Advocate
for the petitioners.
Mr. Sukhbeer Singh, AAG, Punjab.
Mr. Sukhbir Maandi, Advocate
for respondent No. 2-complainant.
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VIKAS BAHL, J. (Oral)
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No. 63 dated 12.06.2019 under Sections 452, 323, 506, 148 and 149
of the Indian Penal Code,1860 registered at Police Station Mohkampura,
District Amritsar Rural (Annexure P-1) and all subsequent proceedings
arising on the basis of the compromise.
When the matter came up before a co-ordinate Bench of this
Court on 03.12.2021, the following order was passed:-
"Present petition has been filed for quashing of
FIR No. 63 dated 12.06.2019, registered under Sections
323, 452, 506, 148, 149 IPC at Police Station
Mohkampura, District Amritsar (Rural), on the basis of
compromise entered into between the parties.
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Learned counsel for the petitioners submits that in
order to live peacefully, parties have entered into
compromise on 02.07.2021, according to which, both the
parties have agreed not to proceed further with the FIR
in question.
Notice of motion.
Mr. Sandeep Kumar, learned Deputy Advocate
General, Punjab, who has joined the proceedings
through video conference, accepts notice on behalf of
respondent No. 1.
Mr. Satbir Mandi, Advocate, who has also joined
the proceedings through video conference, accepts
notice on behalf of respondent No. 2. He admits the
factum of the compromise entered into between the
parties and raises no objection, in case the FIR in
question is quashed on the basis of the said compromise.
Adjourned to 03.02.2022.
In the meantime, the parties are directed to
appear before the trial Court/Illaqa Magistrate for
recording of their statement with regard to the
compromise/settlement on 21.12.2021 by moving
appropriate application or by presenting this order.
The Trial Court/Illaqa Magistrate is directed to
submit the report on or before the next date of hearing
containing the following information:
1. Number of persons arrayed as accused in the FIR,
2. Whether any accused is a proclaimed offender,
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, and
5. The Trial Court is also directed to record the
statement of the Investigating Officer so as to
know how many victims/complainants are there in
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the FIR and all the victims/complainants as well
as accused are party to the compromise in
question.
The question of imposition of cost for wasting
valuable time of police as well as the Court will be
assessed at the time of final hearing of present petition,
in case the FIR is to be quashed.
03.12.2021 (HARSIMRAN SINGH SETHI)
kanchan JUDGE"
In pursuance of the said order, a report has been submitted by
the Judicial Magistrate 1st Class, Amritsar to the Registrar (General) of
this Court. The relevant portion of the said report is reproduced
hereinbelow:-
"4. As regards information required by the
Hon'ble High Court:-
(i) Number of persons arrayed as accused in
the FIR
As per statement of the investigating officer, a
total of 4 persons were arrayed as accused in
the FIR namely Kirpal Singh, Charanpreet
Singh @ Kalu, Sukhwinder Kaur and Neelam.
(ii) Whether any accused is proclaimed
offender
As per statement of the investigating officer,
no accused is a proclaimed offender.
(iii) Whether the compromise is genuine,
voluntary and without any coercion or undue
influence.
The compromise thus appears to be genuine
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and valid and voluntary and out of free will
and volition of the parties and without any any
inducement, threat, coercion or undue
pressure or influence.
(iv) Whether the accused persons are involved
in any other FIR or not.
As per statement of the investigating officer,
the accused are not involved in any other FIR.
(v) The Trial Court was also directed to
record the statement of the Investigating
Officer so as to know how many
victims/complainants are there in the FIR and
all the victims/complainants as well as
accused are party to the compromise in
question.
As per statement of the investigating officer,
there are three victims/complainants in the
present FIR namely Kawalpreet Kaur,
Balwinder Kaur and Balwinder Singh and all
the victims/complainants as well as accused
are party to the compromise in question.
5. Accordingly, this report, along with attested
copies of statements of the parties and statement of
the investigating officer is submitted for your kind
perusal."
A perusal of the said report would show that it has been stated
that the statements of the complainants/victims as well as the accused have
been recorded in the case and both have stated that the matter has been
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compromised and they have no objection in case the FIR is quashed. It is
further stated that the statement of the complainant has been made
voluntarily without any fear, coercion or pressure.
Learned counsel for the petitioners has submitted that none of
the petitioners were declared proclaimed offender in the present case and
are not involved in any other case.
Learned counsel for the State, as per instructions, has stated
that these facts are correct.
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
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.
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.
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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, the petition
is allowed and FIR No. 63 dated 12.06.2019 under Sections 452, 323, 506,
148 and 149 of the Indian Penal Code,1860 registered at Police Station
Mohkampura, District Amritsar Rural (Annexure P-1) and all subsequent
proceedings arising on the basis of the compromise, are ordered to be
quashed, qua the petitioners.
(VIKAS BAHL)
JUDGE
March 21st, 2022
Mehak
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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