Varinder Singh And Anr vs State Of Punjab And Ors
2022 Latest Caselaw 12160 P&H

      CRM-M-20676 of 2019                                       -1-

    IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

Sr. No.251                      CRM-M-20676 of 2019
                                Date of Decision: September 26, 2022

Varinder Singh and another                          ...Petitioners

                                 Versus

State of Punjab and others                          ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:- None.

AMAN CHAUDHARY, J.(Oral)

Bar is abstaining from work today.

Present petition has been filed for quashing of FIR No.131,

dated 26.08.2016, under Sections 324, 323 and 34 IPC, registered at

Police Station P. S. Morinda, District Ropar and all other consequential

proceedings arising therefrom on the basis of the compromise dated

28.03.2019 (Annexure P-2).

Notice of motion was issued on 06.05.2019 and on

20.05.2019, 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 06.06.2019 has

been received from the Additional Chief Judicial Magistrate, Rupnagar.

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

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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 two accused and two victims, who are

complainant. None of the accused has been declared as proclaimed

offender and one criminal case is pending against complainant Inderjit

Singh at Police Station, Khamano.

I have 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

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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.131,

dated 26.08.2016, under Sections 324, 323 and 34 IPC, registered at

Police Station P. S. Morinda, District Ropar and all other consequential

proceedings arising therefrom on the basis of the compromise dated

28.03.2019 (Annexure P-2), and all other consequential proceedings

arising therefrom, are quashed qua the petitioners.

September 26, 2022                             (AMAN CHAUDHARY)
rimpal                                               JUDGE

                   Whether reasoned/speaking:         Yes/No
                   Whether reportable:                Yes/No




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