Punjab-Haryana High Court
Krishan Lal And Others vs State Of Punjab And Others on 23 March, 2022
CRM-M-1787-2022 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
247
CRM-M-1787-2022
Decided on : 23.03.2022
Krishan Lal and others
. . . Petitioners
Versus
State of Punjab and others
. . . Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Mr. Sahil Parmar, Advocate for
Mr. Deepak Arora, Advocate
for the petitioners.
Mr. Sukhbeer Singh, AAG, Punjab.
Mr. G. S. Rawat, Advocate
for respondent Nos. 2 and 3.
****
VIKAS BAHL, J. (Oral)
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No. 206 dated 14.09.2020 under Sections 323, 324 and 34 of the
Indian Penal Code,1860 registered at Police Station Goraya, District
Jalandhar (Annexure P-1) and all subsequent proceedings arising on the
basis of the compromise.
When the matter came up before this Court on 24.02.2022,
the following order was passed:-
"Learned counsel for the petitioners seeks one
more opportunity for recording the statements of the
parties and seeks 15 days' more time for the same.
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.
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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?
3. Whether the compromise/affidavit 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.
Adjourned to 23.03.2022"
In pursuance of the said order, a report has been submitted
by the Judicial Magistrate 1st Class, Phillaur to the Registrar of this
Court. The relevant portion of the said report is reproduced
hereinbelow:-
"As desired, the report is as follows:
1. Three persons namely Krishan Lal son of
Sarwan Kumar, Akash son of Krishan Lal
and Balbir Kaur wife of Krishan Kumar
are arrayed as accused in the present case.
2. No accused is proclaimed offender in the
present case.
3. From the statement of the parties i.e.
complainant/respondents Sarabjit Singh,
Jatinder Kumar sons of Santokh Singh and
petitioners/accused Krishan Lal son of
Sarwan Kumar, Akash son of Krishan Lal
and Balbir Kaur wife of Krishan Kumar, it
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appears to the Court that the compromise
is genuine, voluntary and the same has
been effected compromise without any
pressure, coercion, threat and with the free
consent of the parties.
4. As per statement of ASI Lavinder Singh No.
308 Jalandhar Rural (Investigating Officer
of the present case), one FIR no. 68 dated
09.06.2020 under Section 420, 120-B, IPC,
PS Raho, District SBS Nagar is pending
against accused Krishan Lal and no FIR is
registered against other accused persons.
5. As per statement of ASI Lavinder Singh No.
308 Jalandhar Rural (Investigating Officer
of the present case), in the present case
there are two victims/complainant namely
Sarabjit Singh, Jatinder Kumar sons of
Santokh Singh.
The copies of the statement of the persons
named above (parties) and their identity proofs
are enclosed herewith for kind perusal of the
Hon'ble Punjab & Haryana High Court.
Submitted please."
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. It
is further stated that the statement of the complainant/victims has been
made voluntarily without any fear, coercion or pressure.
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Learned counsel for the petitioners has submitted that none
of the petitioners were declared proclaimed offender in the present case.
Learned counsel for the State, as per instructions, has stated
that the said fact is correct.
Learned counsel for respondent No. 2 and 3 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/victims. 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.
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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. 206 dated 14.09.2020 under Sections
323, 324 and 34 of the Indian Penal Code,1860 registered at Police
Station Goraya, District Jalandhar (Annexure P-1) and all subsequent
proceedings arising on the basis of the compromise, are ordered to be
quashed, qua the petitioners.
(VIKAS BAHL)
rd
March 23 , 2022 JUDGE
Mehak
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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