Rajbir Singh @ Raju vs Sanjiv Kumar
2022 Latest Caselaw 11863 P&H

CRM-M-19071-2021                                           -1-

  IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

Sr. No.254                      CRM-M-19071-2021
                                Date of Decision: September 21, 2022

Rajbir Singh @ Raju                                        ------Petitioner
                                   Versus
Sanjiv Kumar                                               ----Respondent


CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:     Mr. Vikram Singh, Advocate
             for the petitioner.

             Mr. Ashish Jhamb, Advocate
             for Mr. Rajbir Singh Arya, Advocate
             for respondent No.2.



AMAN CHAUDHARY, J. (Oral)

Present petition has been filed under Section 482 Cr.P.C. or

quashing of Criminal Complaint No. 846 of 2019, dated 03.07.2019

(Annexure P-1) under Sections 138, 142, 143 of Negotiable Instrument Act,

1881 and Section 420 IPC, pending in the Court of Judicial Magistrate, Ist

Class, Karnal, and all other consequential proceedings arising therefrom

including summoning order dated 08.08.2019 (Annexure P-2) on the basis

of the compromise dated 29.04.2021 (Annexure P-3).

Vide order dated 07.05.2021 passed by this Court, both the

parties were directed to appear before the trial Court for recording their

statements in the context of genuineness of the compromise. The trial Court

was also directed to submit its report with regard to genuineness of the

compromise.

Pursuant to the aforesaid order, report dated 19.05.2021 has

been received from the Judicial Magistrate, Ist Class. A perusal of the said

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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 complaint in question is

quashed and the compromise effected between them is genuine, without any

undue influence and coercion. It is stated in the report that there is one

accused and one victim, who is complainant. The accused-petitioner has not

been declared as proclaimed offender and he is not involved in any other

case/FIR.

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

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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.257,

dated 31.12.2020 (Annexure P-1) under Section 420 IPC registered at

Police Station City Gurdaspur, District Gurdaspur and all other

consequential proceedings arising therefrom, are quashed qua the petitioner

.

                                              (AMAN CHAUDHARY)
                                                   JUDGE
21.09.2022
Atul

            Whether speaking/ reasoned              -      Yes/No
            Whether reportable                      -      Yes/No




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