Punjab-Haryana High Court
Bhupinder Singh Brar And Anr vs State Of Punjab And Another on 29 March, 2022
CRM-M-36193-2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(247)
CRM-M-36193-2019
Date of decision: - 29.03.2022
Bhupender Singh Brar and another
....Petitioners
Versus
State of Punjab and another
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Bhupinder Ghai, Advocate,
for the petitioners.
Mr. Sukhbeer Singh, AAG, Punjab.
Mr. Kiranpal Rana, Advocate
for Mr. Mohit Kakkar, Advocate
for respondent No.2.
****
VIKAS BAHL, J. (ORAL)
This is a petition filed under Section 482 of Cr.P.C. for
quashing of FIR No.201 dated 16.09.2018, registered under Sections 457,
380, 447 & 427 IPC, at Police Station City South, District Moga and all
the subsequent proceedings arising therefrom on the basis of compromise.
On 30.08.2019, a Co-ordinate Bench of this Court was
pleased to pass the following order:-
"Present petition under Section 482 Cr.P.C. for seeking
quashing of FIR No. 201 dated 16.09.2018, registered under
Section(s) 457, 380, 447 & 427 IPC at Police Station City South,
District Moga on the basis of compromise dated 26.07.2018 (Annexure
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P1).
Learned counsel for the petitioners contended that the parties
have amicably settled their disputes with the intervention of the
respectables.
Notice of motion.
On asking of the Court, Ms. Monika Jalota, Deputy Advocate
General, Punjab accepts notice on behalf of respondent(s) No. 1.
Mr.Mohit Kakkar, Advocate, who is present in the Court, has put in
appearance on behalf of respondent(s) No. 2 and affirmed the fact of
compromise effected between the parties.
In view of the matter, the parties are directed to appear before
the trial Court/Area Judicial Magistrate on 23.09.2019 for getting
their statements recorded with regard to the compromise arrived at
between them.
The learned trial Court is directed to indicate (i) how many
total accused are facing the trial, (ii) whether any of the accused was
declared proclaimed offender at any stage of trial (iii) status/stage of
the trial/case, (iv) to record the statements of all the concerned parties,
with regard to the genuineness and validity or otherwise of the
compromise and (v) to send its report to this Court through District
and Sessions Judge, before the next date of hearing.
Adjourned to 13.11.2019.
(Shekher Dhawan)
Judge
August 30, 2019."
In pursuance of the said order, the report has been submitted
by the Chief Judicial Magistrate, Moga, to the Registrar General of this
Court. The relevant part of the report is reproduced hereinbelow:-
"From the statements of above said accused and complainant
recorded in the court, it is forth coming that a compromise has been
effected between above said complainant and accused. As per the
statements of above said persons, further it is submitted as under: -
I. No accused was declared proclaimed offender at any stage of
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trial.
II. Remand papers of above said FIR are pending in the court of
undersigned for 22.10.2019 at the stage of awaiting challan.
III. The compromise effected between the complainant and
accused is genuine, voluntary and without any coercion or
undue influence.
Report submitted, please.
Please fine enclosed.
Statements of the parties
Yours faithfully
( Amandeep Kaur Chahal), PCS,
Chief Judicial Magistrate,
Moga."
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. They have further stated that the said
compromise is being entered into with there genuine, voluntary and
without any coercion or undue influence.
Learned counsel for the petitioners has submitted that the
petitioners have not been declared proclaimed offenders. Learned counsel
for the State, as per instructions, has stated that this fact is correct.
Learned counsel for respondent No.2 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.
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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.
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. 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.
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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.201 dated 16.09.2018, registered under Sections
457, 380, 447 & 427 IPC, at Police Station City South, District Moga and
all the subsequent proceedings emanating therefrom are ordered to be
quashed, qua the petitioners.
( VIKAS BAHL )
March 29, 2022 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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