Sukhpal Singh @ Bhappa And Ors vs State Of Punjab And Others
2022 Latest Caselaw 12361 P&H

CRM-M-34315-2022                                                        1


          IN THE HIGH COURT OF PUNJAB & HARYANA AT
                        CHANDIGARH
                          ****

CRM-M-34315-2022 Date of decision:28.09.2022

Sukhpal Singh @ Bhappa and others ... Petitioners Versus

State of Punjab and others ... Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present: Mr. Abhishek Singla, Advocate for the petitioners.

Mr. Iqbal S. Mann, DAG, Punjab.

Mr. Shubham Gupta, Advocate for respondents No.2 & 3.

VIKAS BAHL, J.(ORAL)

This is a petition filed under Section 482 Cr.P.C. for quashing

of FIR No.94 dated 19.05.2022 registered under Sections 323,336,34 of the

Indian Penal Code, 1860, Sections 25 and 27 of the Arms Act, 1959 at

Police Station Talwandi Sabo, District Bathinda (Annexure P-1) along with

all the subsequent proceedings arising therefrom on the basis of

compromise dated 21.07.2022 (Annexure P-2).

On 23.08.2022, this Court was pleased to pass the following

order:-

"Learned counsel for the parties has submitted that one last opportunity be granted to the parties to get their statements recorded before the Illaqa Magistrate/trial Court.

The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 15 days from today.

The Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the following information:-

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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.

Adjourned to 26.09.2022.

                                                      (VIKAS BAHL)
            August 23, 2022                              JUDGE"

In pursuance to the said order, a report has been submitted by

Judicial Magistrate 1st Class, Talwandi Sabo, District Bathinda. The relevant

portion of the said report is reproduced hereinbelow:-

"....The report is submitted as under:

1. As per statement of IO, only three persons, who are already made party to the quashing petition as petitioners, have been arrayed as accused in the FIR in question.

2. As per statement of IO, no accused is proclaimed offender.

3. As per statements of the parties, the compromise is genuine, voluntary and without any coercion or undue influence.

4. As per statement of IO, accused persons are not involved in any other FIR.

5. As per statement of IO, there are two complainants/victims/aggrieved persons namely Khushpreet Singh alias Khushi and Iqbal Singh, in the FIR in question, who have already been made party to the quashing petition as respondents No.2 and 3.

The report is submitted accordingly along-with original statements of parties and copies of their Aadhaar Cards.

Yours faithfully,

(Sudhir Kumar), PCS, Judicial Magistrate Ist Class, Talwandi Sabo, Distt. Bathinda, (UID no.PB0378)"

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A perusal of the above said report would show that the

petitioners and respondents No.2 & 3 have appeared and suffered

statements with respect to the compromise, which have been found to be

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.

Learned counsel for respondents No.2 and 3 has again

reiterated that the matter has been settled and the said compromise is in the

interest of all the persons and would help in bringing out peace and amity

between the two parties.

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.

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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 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.94 dated 19.05.2022 registered under Sections

323,336,34 of the Indian Penal Code, 1860, Sections 25 and 27 of the Arms

Act, 1959 at Police Station Talwandi Sabo, District Bathinda (Annexure

P-1) along with all consequential proceedings emanating therefrom are

ordered to be quashed, qua the petitioners.

                                                      (VIKAS BAHL)
28.09.2022                                                JUDGE
Ishwar
             Whether speaking/reasoned         Yes/No
             Whether reportable                Yes/No




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