Punjab-Haryana High Court
Kabal Singh vs State Of Punjab And Another on 2 November, 2022
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
254
CRM-M-43512-2022 (O&M)
Date of decision: 02.11.2022
KABAL SINGH
....Petitioner
Versus
STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Kabal Singh, petitioner in person.
Mr. Paramjit Singh, respondent No.2/complainant in person.
*****
AMAN CHAUDHARY. J.
Bar is abstaining from work today.
Present petition has been filed for quashing of FIR No.46 dated
16.02.2019, under Sections 420, 467, 468 and 471 of the IPC, registered at Police
Station City Khanna District Police District Khanna, District Ludhiana, and all
other consequential proceedings arising therefrom on the basis of the compromise
dated 15.09.2022 (Annexure P-2).
Notice of motion was issued on 20.09.2022 and both the parties were
directed to appear before the trial Court for recording their statements in the
context of genuineness of the compromise. The trial Court was also directed to
submit its report with regard to genuineness of the compromise.
Pursuant to the aforesaid order, report dated 15.10.2022 has been
received from the Sub Divisional Judicial Magistrate, Khanna. A perusal of the
said report reveals that statements of the concerned persons have been recorded in
the present case, who have stated that the matter has been settled between the
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CRM-M-43512-2022 (O&M) -2 -
parties and they have no objection in case the FIR in question is quashed and the
compromise effected between them is genuine, without any undue influence and
coercion. It is stated in the report that there is one accused and one victim, who is
complainant. The accused has not been declared as proclaimed offender. However,
the accused-petitioner is involved in two other FIRs, out of which, as per report of
the Investigating Officer, in one FIR, cancellation report has been filed and in
remaining one, accused/petitioner has been acquitted.
Heard.
After perusing the report submitted by the trial Court, this Court finds
that the matter has been amicably settled between the petitioner(s) and the
complainant(s). Since the matter has been settled and the parties have decided to
live in peace, this Court is of the view 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 view 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
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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 the above, the petition is allowed and FIR No.46 dated
16.02.2019, under Sections 420, 467, 468 and 471 of the IPC, registered at Police
Station City Khanna District Police District Khanna, District Ludhiana, and all
other consequential proceedings arising therefrom on the basis of the compromise
dated 15.09.2022 (Annexure P-2), are quashed qua the petitioner.
(AMAN CHAUDHARY)
JUDGE
November 02, 2022
S.Sharma(syr)
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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