Punjab-Haryana High Court
Jajbir Singh @ Jaj vs State Of Punjab And Others on 12 September, 2022
CRM-M-5363-2021 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.267 CRM-M-5363-2021
Date of Decision: September 12, 2022
Jajbir Singh alias Jaj ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present:- Mr. Prince Sharma, Advocate for the petitioner.
Mr. Kamal Preet Bawa, AAG, Punjab.
Mr. Shivam Kamboj Sirsa, Advocate
for respondent Nos.2 and 3.
AMAN CHAUDHARY, J.(Oral)
Present petition has been filed for quashing of FIR No.4,
dated 15.01.2020, under Sections 452, 336, 427, 506, 148 and 149 of the
IPC and Section 25/27 of the Arms Act, 1959, registered at Police Station
Chohla Sahib, District Tarn Taran, and all other consequential
proceedings arising therefrom on the basis of the compromise dated
20.11.2020 (Annexure P-2).
On 05.02.2021, this Court had passed the following order:-
"The case is taken up through video conferencing on
account of COVID 2019. By filing this petition, quashing of
FIR No. 4 dated 15.1.2020 registered under Sections 452,
336, 427, 506 148, 149 IPC and under Sections 25, 27 of
Arms Act at Police Station Chohla Sahib, District Tarn
Taran and other consequential proceedings arising
therefrom qua petitioner has been sought on the basis of
compromise.
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Notice of motion.
Mr. R.S. Khaira, AAG Punjab and Mr. Sunil, Advocate
accept notice on behalf of respondent No. 1 State and
respondents No. 2 and 3 respectively. Parties may appear
before learned trial Court/Illaqa Magistrate concerned on
26.2.2021 or any other date convenient to said Court and
get their statements recorded with regard to compromise.
The original compromise shall be produced before the said
court. In the event of their statements being recorded, the
Court will send copies of same to this Court before next date
of hearing alongwith its report :
i) regarding genuineness and voluntary nature of
compromise ;
ii) whether all accused/petitioners are appearing before the
Court or are on bail; and
iii) whether any other proceeding is pending against the
accused/ petitioners.
Adjourned to 6.4.2021. "
Pursuant to the aforesaid order, report dated 03.03.2021 has
been received from the Judicial Magistrate 1st Class, Tarn Taran. The
relevant portion of the said report is as under:-
"1. The compromise between the parties to the petition is
genuine, voluntarily and out of free will.
2. As per the statement of IO ASI Jawsant Singh 982/TT, No
accused was arrested in this case.
3. As per the statement of IO ASI Jaswant Singh 982/TT, no
other case is pending against the accused/petitioner. "
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
no objection in case the FIR in question is quashed. It is stated in the
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report that there is one accused person 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 no
other case is pending against the petitioner except present case.
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
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
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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.4,
dated 15.01.2020, under Sections 452, 336, 427, 506, 148 and 149 of the
IPC and Section 25/27 of the Arms Act, 1959, registered at Police Station
Chohla Sahib, District Tarn Taran, and all other consequential
proceedings arising therefrom, are quashed qua the petitioner.
September 12, 2022 (AMAN CHAUDHARY)
sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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