Punjab-Haryana High Court
Surinder Kumar @ Goldy And Others vs State Of Punjab And Another on 5 September, 2022
CRM-M-53605-2021 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.250 CRM-M-53605-2021
Date of Decision: 05.09.2022
Surinder Kumar @ Goldy & ors. ...Petitioners
Versus
State of Punjab & anr. ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present:- Mr. Armann Gagneja, Advocate for the petitioners.
Mr. Kamal Preet Bawa, AAG, Punjab.
Mr. Rahul Arora, Advocate,
for respondent No.2.
AMAN CHAUDHARY, J.(Oral)
Present petition has been filed for quashing of FIR No.0030,
dated 29.01.2020, under Sections 341, 323, 506, 295 and 34 of the IPC,
registered at Police Station City, District Sri Muktsar Sahib, and all other
consequential proceedings arising therefrom on the basis of the
compromise deed dated 12.10.2021 (Annexure P-2).
On 21.12.2021, this Court had passed the following order:-
"(Through video conferencing)
1. Notice of motion.
2. Mr. Bhupender Beniwal, AAG, Punjab, waives service
on behalf of respondent No. 1.
3. Before proceeding to quash FIR No. 0030 dated
29.1.2020, registered at Police Station City, District Sri
Muktsar Sahib it is deemed appropriate to make directions
upon the Illaqa Magistrate concerned to, after summoning
the petitioners, and, respondent No. 2, and, after his
recording their respective testifications, with respect to the
voluntariness, and also, with respect to the authenticity of
the compromise drawn amongst them, as embodied in
Annexure P-2, to make a report with respect to the
1 of 4
compromise (supra).
4. The learned Magistrate is also directed to disclose in
his report,(a) whether after completion of investigation,
report under Section 173 Cr.P.C. has been filed; (b) whether
charge has been drawn against the accused; (c) whether the
prosecution evidence has commenced; and (d) whether all
the concerned have put their respective signatures on the
compromise deed.
5. The afore made report be ensured to be transmitted to
this Court within three weeks.
6. For the afore purpose, list on 19.4.2022."
Pursuant to the aforesaid order, report dated 24.01.2022 has
been received from Chief Judicial Magistrate, Sri Muktsar Sahib. The
relevant paragraph of the said report is as under:-
" as per the statements of the parties, no challan qua
aforesaid FIR has been presented so far in this Court or
any other Court. Moreover, all the concerned have put
their respective signatures on the compromise dee Mark
A. The parties have arrived at compromise with their
free volition, without any inducement, threat, promise,
coercion or undue influence from any quarter.
Apparently, the same has been genuinely arrived at to
eliminate bitterness and acrimony between the parties
and is not based upon any fraud or misrepresentation.
Hence this report, Photocopies of the statements and
compromise deed Mark A ae enclosed herewith for
kined perusal.
Submitted please.
Raj Pal Rawal, PCS PB0274
Chief Judicial Magistrate
Sri Muktsar Sahib"
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 parties and they have
2 of 4
no objection in case the FIR in question is quashed. It is stated in the
report that there are four accused persons and the compromise effected
between the parties is genuine and has been arrived at between them
without any pressure or coercion. It is also stated in the report that none
of the accused is declared as proclaimed offender and no other case has
been registered against the accused persons except the FIR in question.
I have heard learned counsel for the parties and have also
gone through the case 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 complainants. 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
3 of 4
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 the above, the petition is allowed and FIR
No.0030, dated 29.01.2020, under Sections 341, 323, 506, 295 and 34 of
the IPC, registered at Police Station City, District Sri Muktsar Sahib, and
all other consequential proceedings arising therefrom, is quashed qua the
petitioners.
05.09.2022 (AMAN CHAUDHARY)
monika JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
4 of 4
