Punjab-Haryana High Court
Jaswant Singh vs State Of Punjab And Another on 30 March, 2022
CRM-M-52682-2019 -1-
246
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-52682-2019
Date of decision : 30.03.2022
Jaswant Singh ...Petitioner
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Sherry K. Singla, Advocate for the petitioner.
Mr. Rana Harjasdeep Singh, DAG, Punjab.
Mr. Mahipal S. Yadav, Advocate for respondent No.2.
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VIKAS BAHL, J. (ORAL)
This is a petition under Section 482 of Cr.P.C. for quashing of
FIR No.235 dated 03.12.2002 registered under Sections 325, 341, 34 of the
Indian Penal Code, 1860 at Police Station Payal, District Ludhiana (Annexure
P-1) and all the subsequent proceedings arising therefrom on the basis of
compromise.
On 10.12.2019, a Coordinate Bench of this Court was pleased to
pass the following order:-
"The petitioner prays for quashing of FIR No. 235
dated 03.12.2002 registered under Sections 325, 341, 34 IPC
at Police Station Payal, District Ludhiana on the basis of
compromise dated 02.12.2019 (Annexure P-3).
Notice of motion.
Mr. Amandeep S. Gill, Sr. DAG Punjab, accepts notice
on behalf of the respondent-State. Let two copies of the
petition be supplied to him during the course of the day.
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Mr. Mahipal S. Yadav, Advocate puts in appearance on
behalf of respondent No.2.
The parties are directed to appear before the trial
Court/Illaqa Magistrate on 20.01.2020 and get their
statements recorded. A report be sent to this Court on or
before the next date of hearing.
Adjourned to 03.03.2020.
Sd/-(SUDHIR MITTAL)
JUDGE
December 10, 2019 "
In pursuance of the abovesaid order, a report has been submitted
by the Sub Divisional Judicial Magistrate, Payal. The relevant portion of the
said report is reproduced hereinbelow:-
"Respected Sir,
In compliance of the order dated 10.12.2019 passed by
the Hon'ble High Court in CRM-M-52682-2019, I have the
honour to submit that the statement of complainant namely
Gurmeet Kaur wife of Sh. Kamaljeet Singh and accused
namely Jaswant Singh son of Amarjit Singh have been
recorded with regard to compromise. From the statements as
recorded in the Court, I am satisfied that the compromise is
genuine and is made voluntarily and without any undue
influence or pressure.
Photocopies of the statements of the parties are
attached herewith.
Report is submitted, please.
Yours faithfully
Sd/- (Neeraj Kumar Singla)
Sub Divisional Judicial Magistrate
Payal."
A perusal of the said report would show that the compromise has
been found to be genuine, without any pressure or undue influence. It has been
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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 has been made voluntarily without any fear,
coercion or pressure.
Learned counsel for the petitioner has submitted that the petitioner
was not declared proclaimed offender in the present case and there are no other
cases pending against the petitioner. Learned counsel for the State, as per
instructions has stated that these facts are 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 two
parties.
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 petitioner 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", reported as 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", reported as 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.235 dated 03.12.2002 registered under Sections 325, 341,
34 of the Indian Penal Code, 1860 at Police Station Payal, District Ludhiana
(Annexure P-1) and all the subsequent proceedings arising therefrom on the
basis of compromise, are ordered to be quashed, qua the petitioner.
All the pending miscellaneous applications, if any, stand disposed
of in view of the abovesaid judgment.
30.03.2022 (VIKAS BAHL)
Mehak JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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