Punjab-Haryana High Court
Baljinder Singh And Others vs State Of Punjab And Another on 7 September, 2022
CRM-M-32856-2022 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
****
CRM-M-32856-2022 (O&M)
Date of decision:07.09.2022
Baljinder Singh and others
... Petitioners
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Ramnish Puri, Advocate for the petitioners.
Mr. Iqbal S. Mann, DAG, Punjab.
Mr. Amit Khari, Advocate for respondent No.2.
VIKAS BAHL, J.(ORAL)
This is a petition filed under Section 482 Cr.P.C. for quashing
of FIR No.104 dated 01.07.2009 registered under Sections 457, 380 of the
Indian Penal Code, 1860 at Police Station Majitha, District Amritsar
(Annexure P-1) and all the subsequent proceedings arising therefrom on the
basis of compromise.
On 01.08.2022, this Court was pleased to pass the following
order:-
"CRM-26539-2022
This is an application filed for grant of leave under Rule
3/A(1) of Chapter VI, Part B, Volume V of Punjab and
Haryana High Court Rules and Orders to file the present
petition.
In view of averments made in the application, the same
is allowed and leave is granted under the aforesaid Rules and
Orders to file the present petition.
Main case
This is a petition filed under Section 482 Cr.P.C. for
quashing of FIR No.104 dated 01.07.2009 registered under
Sections 457, 380 of the Indian Penal Code, 1860 at Police
Station Majitha, District Amritsar (Annexure P-1) and all the
subsequent proceedings arising therefrom on the basis of
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compromise.
Learned counsel for the petitioners has submitted that
all the persons concerned are party to the compromise.
Notice of motion for 07.09.2022.
On asking of the Court, Mr. Sarabjit S. Cheema, AAG,
Punjab appears and accepts notice on behalf of the
respondent-State and Mr. Amit Khari, Advocate appears on
behalf of respondent No.2.
The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their statements qua
compromise within a period of four weeks.
The Illaqa Magistrate/trial Court is directed to submit a
report on or before the next date of hearing containing the
following information:-
1. Number of persons arrayed as accused.
2. Whether any accused is proclaimed offender?
3. Whether the compromise is genuine, voluntary and
without any coercion or undue influence?
4. Whether the accused persons are involved in any other
FIR or not?
5. The trial Court is also directed to record the statement
of the Investigating Officer as to how many
victims/complainants are there in the FIR.
(VIKAS BAHL)
01.08.2022 JUDGE"
In pursuance to the said order, a report has been submitted by
Judicial Magistrate 1st Class, Amritsar. The relevant portion of the said
report is reproduced hereinbelow:-
"I am satisfied that the compromise is genuine and has
been effected between the parties voluntarily, without any
coercion or undue influence. It is further submitted that as per
the statement of investigating officer SI Baljit Singh No.03/ASR
(Rural), Police Station Majitha, Amritsar, he is the
investigating officer of the present case. There are four
accused involved in the present case namely Baljinder Singh,
Baljit Singh, Manjit Kaur and Surinderjit Singh (who has since
died). Accused has never been declared as proclaimed
offender in the present case. Accused are not involved in any
other case, except the present case. There is only one
complainant in the present case namely Sohan Singh.
The report is being submitted please.
Thanking you,
Yours faithfully,
(Gagandeep Singh)
Judicial Magistrate 1st Class,
Amritsar.
UID No.PB0404"
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A perusal of the above said report would show that the
petitioners and complainant/respondent No.2 have appeared and suffered
statements with respect to the compromise, which have been found to be
voluntary, genuine, and out of free will.
Further perusal of the report would also show that there were
four accused persons out of which one has died and the remaining have
filed the present petition.
Learned counsel for the petitioners has further submitted that
the petitioners were not declared proclaimed offenders in the present case.
Learned State counsel has stated that he has no objection in
case the FIR is quashed on the basis of compromise qua the petitioners.
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 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
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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 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."
In view of what has been discussed hereinabove, this petition is
allowed and FIR No.104 dated 01.07.2009 registered under Sections 457,
380 of the Indian Penal Code, 1860 at Police Station Majitha, District
Amritsar (Annexure P-1) and all the subsequent proceedings emanating
therefrom are ordered to be quashed, qua the petitioners.
Pending application, if any, stands disposed of in view of the
above said order.
(VIKAS BAHL)
07.09.2022 JUDGE
Ishwar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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