Punjab-Haryana High Court
Gurbaj Singh And Anr vs State Of Haryana And Another on 12 September, 2022
CRM-M-34857-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.270 CRM-M-34857-2022
Date of Decision: September 12, 2022
Gurbaj Singh and another ...Petitioners
Versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present:- Mr. Manpreet Ghuman, Advocate for the petitioners.
Mr. Gaurav Bansal, AAG, Haryana.
Ms. Prabhjot Kaur, Advocate for respondent No.2.
AMAN CHAUDHARY, J.(Oral)
Present petition has been filed for quashing of FIR No.66,
dated 05.02.2017, under Sections 323, 452, 34, 148 and 149 of the IPC,
registered at Police Station Pehowa, District Kurukshetra, and all other
consequential proceedings arising therefrom on the basis of the
compromise 03.08.2022 (Annexure P-2).
On 06.08.2022, this Court had passed the following order:-
"CRM-28225-2022
The instant application has been filed under Rule 3-A(1)
chapter VI Part B, Volume V of the High Court Rules and
Order for grant of leave to file the present petition.
In view of the averments contained in the application and
arguments advance, the application is allowed and
applicant is permitted to file the instant petition (CRM-M-
34857 of 2022)
Application stands disposed of accordingly.
CRM-M-34857-2022
The petitioners have approached this Court under Section
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482 of the Code of Criminal Procedure for seeking quashing
of case bearing FIR No.66 dated 05.02.2017 under Sections
323, 452, 34, 148 and 149 of the Indian Penal Code
registered at Police Station Pehowa, District Kurukshetra
and all consequential proceedings arising therefrom on the
basis of compromise dated 03.08.2022 (Annexure P-2)
entered into between the parties.
Notice of motion.
At this stage, Kanwar Sanjiv Kumar, AAG, Haryana,
appears and accepts notice on behalf of respondent No.1-
State.
Ms. Prabhjot Kaur, Advocate, appears on behalf of
respondent No.2 and admits the execution of compromise
(Annexure P-2).
The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their respective
statements with regard to compromise/settlement, on
22.08.2022 or on any other date as convenient to the Court.
The Illaq Magistrate/trial Court is directed to submit a
report along with copies of statements of parties on or
before the next date of hearing containing the following
information as well:-
(i) Number of persons arrayed as accused in FIR;
(ii) Whether any accused is proclaimed offender;
(iii) The stage of trial/proceedings; and
(iv) Whether the compromise is genuine, voluntary, and
without any coercion or undue influence.
To come up on 18.10.2022 for further consideration.
Reply by respondent No.1-State be filed on or before the
next date of hearing, if so desired."
Thereafter, an application for impleadment of injured
persons as respondent Nos.3 and 4 allowed by this Court vide order dated
10.08.2022 and the injured were impleaded as respondent Nos.3 and 4.
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Accordingly, they were also directed to appear before the trial Court/Area
Magistrate to get their statements recorded, in terms of the order dated
06.08.2022.
Pursuant to the aforesaid order, report dated 29.08.2022 has
been received from the Sub Divisional Judicial Magistrate, Pehowa. The
relevant portion of the said report is as under:-
"From the statements of parties and perusal of the
documents, it is observed that:-
1. FIR was registered against accused Khushdeep Singh,
Gurbaj Singh, Mukhtiar Singh, Harman Singh and others.
Whereas, final report in present case was presented against
accused Khushdeep Singh and Gurbaj Singh and remaining
accused were found innocent during investigation.
2. None of the accused has been declared proclaimed
offender
3. The case is at the stage of procuring presence of accused
Gurbaj Singh.
4. Compromise appears to be genuine and voluntary without
any threat or coercion."
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
report that there are two 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.
I have heard learned counsel for the parties and have also
gone through the case file.
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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 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.
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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.66,
dated 05.02.2017, under Sections 323, 452, 34, 148 and 149 of the IPC,
registered at Police Station Pehowa, District Kurukshetra, and all other
consequential proceedings arising therefrom, are quashed qua the
petitioners.
September 12, 2022 (AMAN CHAUDHARY)
sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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