Punjab-Haryana High Court
Amarjit Singh And Others vs State Of Punjab And Another on 21 September, 2022
CRM-M-24801-2021 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
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CRM-M-24801-2021
Date of decision:21.09.2022
Amarjit Singh and others
... Petitioners
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Ms. Amarjot Kaur, Advocate for
Mr. B.S. Bhalla, Advocate for the petitioners.
Mr. Iqbal S. Mann, DAG, Punjab.
None for respondent No.2.
VIKAS BAHL, J.(ORAL)
This is a petition under Section 482 Cr.P.C. seeking quashing
of FIR No.10 dated 08.01.2021 under Sections 452,427,506,148,149 IPC,
registered at Police Station Ajnala, District Amritsar Rural (Annexure P-1)
along with all other consequential proceedings arising therefrom, on the
basis of compromise dated 06.04.2021 (Annexure P-2) arrived at between
petitioners and respondent No.2.
On 25.03.2022, this Court was pleased to pass the following
order:-
"This is an application filed under Section 482 of
Cr.P.C. for extension of time for compliance of order dated
26.07.2021 passed by this Court.
Learned counsel for the parties have submitted that the
statements of the parties could not be recorded on account of
the fact that respondent No.2 was suffering from Corona and
remained bed ridden for a period of one month and thus, pray
that one more opportunity may kindly be granted to the parties
to get their statements recorded before the trial Court.
Keeping in view the abovesaid facts and circumstances,
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the present application is allowed.
The parties are again directed to appear before the
Illaqa Magistrate/trial Court for recording their statements
qua compromise within a period of one month.
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)
25.03.2022 JUDGE"
In pursuance to the said order, a report has been submitted by
Sub Divisional Judicial Magistrate, Ajnala. The relevant portion of the said
report is reproduced hereinbelow:-
"From the perusal of statement of parties, it transpires
that the matter has been compromised with the free and
voluntary consent of complainant Shiba Singh and the accused
persons namely Amarjit Singh, Simarjit Singh and Joginder
Singh and the accused persons are not involved in any other
case. Furthermore, as per statement of ASI Kewal Singh
no.1118, there are three accused persons namely Amarjit
Singh, Simarjit Singh and Joginder Singh and they have not
been declared as P.O till date and there is only one aggrieved
party namely complainant Shiba Singh son of Pyiara Singh.
As per statement of ASI Kewal Singh, both parties have
entered into compromise.
Report is submitted as desired, please.
Yours faithfully,
(Prabhjot Kaur), PCS,
Sub Divisional Judicial Magistrate,
Ajnala/UID No:PB0363"
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
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voluntary, genuine, and out of free will.
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.
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
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
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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.10 dated 08.01.2021 under Sections 452,427,506,148,
149 IPC, registered at Police Station Ajnala, District Amritsar Rural
(Annexure P-1) along with all other consequential proceedings emanating
therefrom are ordered to be quashed, qua the petitioners.
(VIKAS BAHL)
21.09.2022 JUDGE
Ishwar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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