Harminder Singh vs State Of Punjab And Anr
2022 Latest Caselaw 12256 P&H

      CRM-M-48235 of 2021                                       -1-

    IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

Sr. No.272                      CRM-M-48235 of 2021
                                Date of Decision: September 27, 2022

Harminder Singh                                     ...Petitioner

                                 Versus

State of Punjab and another                         ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:- Mr. Anand Singh, Advocate for Mr. Agam Jund Mullanpur, Advocate for the petitioner.

Mr. Manipal Atwal, DAG, Punjab.

Mr. S. S. Kainth, Advocate for respondent No.2.

AMAN CHAUDHARY, J.(Oral)

Present petition has been filed for quashing of FIR No.96,

dated 02.10.2020, under Sections 406 and 420 IPC, registered at Police

Station Mullanpur Garibdass, and all other consequential proceedings

arising therefrom on the basis of the compromise.

Notice of motion was issued on 17.11.2021 and thereafter on

31. 03.2022 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 09.05.2022 has

been received from the Judicial Magistrate 1st Class, Kharar. 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

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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 is one accused and one victim, who is complainant. 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

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

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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.96,

dated 02.10.2020, under Sections 406 and 420 IPC, registered at Police

Station Mullanpur Garibdass, and all other consequential proceedings

arising therefrom on the basis of the compromise, and all other

consequential proceedings arising therefrom, are quashed qua the

petitioner.

September 27, 2022                              (AMAN CHAUDHARY)
rimpal                                                JUDGE

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




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