Monnu Singh And Ors vs State Of Punjab And Ors
2022 Latest Caselaw 12017 P&H

271                       CRM-M-30384-2022                                   -1-

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

                                       CRM-M-30384-2022
                                       Date of Decision: 22.09.2022


MONNU SINGH AND OTHERS                                          ......Petitioners


                                 Vs.

STATE OF PUNJAB AND OTHERS
                                                           .........Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:    Ms. Gagandeep Kaur , Advocate,
            for the petitioners.

            Mr. Kamalpreet Singh Bawa, A.A.G. Punjab.

            Ms. Niharika Gupta, Advocate, for
            Ms. Bhupinder Kaur, Advocate
            for respondents No.2, 3 and 4.

           *****
AMAN CHAUDHARY, J. (Oral)

Present petition has been filed for quashing of FIR No.04,

dated 06.01.2022, under Sections 323, 325, 506, 148, and 149 of the PC

registered at Police Station Dera Bassi, District SAS Nagar (Mohali)

(Annexure P-1) and all other consequential proceedings arising therefrom

on the basis of the compromise deed dated 14.05.2022 (Annexure P-2).

Notice of motion was issued on 18.07.2022 and 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.

1 of 3

Pursuant to the aforesaid order, report dated 19.09.2022, has

been received from the Judicial Magistrate 1st Class, Dera Bassi. 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 and the compromise effected between them is genuine,

without any undue influence and coercion. It is stated in the report that

there are seven accused. None of the accused has been declared as

proclaimed offender and none of them is involved in any other 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

petitioners and the complainants. 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.

2 of 3

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. XXX---XXX"

In view of the above, the petition is allowed and FIR No.04,

dated 06.01.2022, under Sections 323, 325, 506, 148, and 149 of the IPC

registered at Police Station Dera Bassi, District SAS Nagar (Mohali)

(Annexure P-1) and all other consequential proceedings arising therefrom,

is quashed qua the petitioners.

September 22, 2022                           (AMAN CHAUDHARY)
nitin                                             JUDGE


             Whether speaking/reasoned                     Yes
             Whether Reportable                            No




                                    3 of 3