Balwinder Singh And Others vs State Of Punjab And Another
2022 Latest Caselaw 12888 P&H

CRM-M-31274-2020 (O&M)                                               -1-


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
(282)
                                 CRM-M-31274-2020 (O&M)
                                 Date of decision: - 11.10.2022

Balwinder Singh and others
                                                                  ....Petitioners

                                   Versus

State of Punjab and another
                                                                .....Respondents


CORAM : HON'BLE MR. JUSTICE VIKAS BAHL


Present:-     Mr. Sandeep Kumar Bansal, Advocate, for the petitioners.

              Mr. Iqbal S. Mann, DAG, Punjab.

              None for respondent No.2.

                                 ****
VIKAS BAHL, J. (ORAL)

CRM-37445-2022

Present application has been filed under Section 482 Cr.P.C.

for placing on record the copy of judgment and decree dated 03.01.2020

as Annexure P-3.

Application is allowed, as prayed for. The copy of judgment

and decree dated 03.01.2020 (Annexure P-3) is taken on record, subject to

all just exceptions.

CRM-M-31274-2020

This is a petition under Section 482 Cr.P.C. praying for

quashing of FIR No.53 dated 23.04.2019, under Sections 498-A and 406

IPC, registered at Police Station Amloh, District Fatehgarh Sahib and all

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other consequential proceedings arising therefrom on the basis of

compromise.

On 14.02.2022, a Co-ordinate Bench of this Court was

pleased to pass the following order:-

"CRM-4299-2022 This is an application that has been filed for recalling the order dated 20.04.2021 and for restoration of the main petition, which was dismissed for non-prosecution on 20.04.2021.

It is contended by the counsel for the applicants-petitioners that he could not appear before the court, as he had noted a wrong date. It is submitted that his absence was neither intentional nor willful.

A perusal of the main petition reveals that the same has been filed for quashing of the FIR, on the basis of compromise arrived at between the parties.

Counsel appearing on complainant-respondent No.2 has no objection, if the petition is restored to its original number. He also admits to the factum of compromise arrived at between the parties.

In view of the above, the order dated 20.04.2021 is hereby recalled and the petition stands restored to its original number.

CRM-M-31274-2020 In the meantime, the parties are directed to appear before the learned trial Court/Illaqa Magistrate on 28.03.2022 or any other date convenient to the trial court/Illaqa Magistrate, to get recorded their statements regarding compromise and after recording their statements, learned trial court/Illaqa Magistrate, is directed to send the report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 28.04.2022.

A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.

                                                  (JAISHREE THAKUR)
      February 14, 2022                                 JUDGE"

In pursuance of the said order, the report has been submitted

by the Judicial Magistrate 1st Class, Amloh, to the Registrar General of

this Court. The relevant part of the report is reproduced hereinbelow:-

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"It is further humbly submitted that:

(i) From the statements of the parties, it seems that the compromise between the parties is genuine, voluntarily and without any coercion or undue influence and the same has been arrived at between the parties out of their free will;

(ii) As per the statement of retired IO ASI Nahar Singh, none of the accused has been declared proclaimed offender in any case."

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, voluntarily 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 the petitioners has stated that Sukhdeep

Singh (petitioner No.4) has since deceased. It is further stated that

Balwinder Singh (petitioner No.1) and Amandeep Kaur (respondent

No.2) have been granted mutual divorce under Section 13-B of the Hindu

Marriage Act, 1955, vide order dated 03.01.2020, passed by the

Additional Civil Judge (Senior Division), Amloh and a copy of the same

has also been placed on record as Annexure P-3.

This Court has heard the learned counsel for the parties and

has perused the file.

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 CRM-M-31274-2020 (O&M)                                                 -4-

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.

Inherent power is of wide plenitude with no statutory limitation but it

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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.53 dated 23.04.2019, under Sections 498-A and

406 IPC, registered at Police Station Amloh, District Fatehgarh Sahib and

all the subsequent proceedings emanating therefrom are ordered to be

quashed, qua the petitioners.

                                                 ( VIKAS BAHL )
October 11, 2022                                      JUDGE
naresh.k

            Whether reasoned/speaking?                  Yes/No
            Whether reportable?                         Yes/No




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