Punjab-Haryana High Court
Pritpal Singh @ Pappu And Others vs State Of Punjab And Others on 28 September, 2022
CRM-M-46681-2021 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
****
CRM-M-46681-2021
Date of decision:28.09.2022
Pritpal Singh @ Pappu and others
... Petitioners
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Maninderjit Singh Bedi, Advocate for the petitioners.
Mr. Iqbal S. Mann, DAG, Punjab.
Ms. Nidhi Bansal, Advocate for respondents No.2 to 6.
VIKAS BAHL, J.(ORAL)
This is a petition filed under Section 482 of Cr.P.C. for
quashing of FIR No.226 dated 25.11.2019 registered under Sections
323,341,506,427,160,148 and 149 of the Indian Penal Code, 1860 at Police
Station Division No.2, District Ludhiana, Punjab (Annexure P-1) along with
all the subsequent proceedings arising therefrom on the basis of
compromise dated 01.04.2021 (Annexure P-2).
On 08.11.2021, this Court was pleased to pass the following
order:-
"This is a petition filed under Section 482 of Cr.P.C. for
quashing of FIR No.226 dated 25.11.2019 registered under
Sections 323,341,506,427,160,148 and 149 of the Indian Penal
Code, 1860 at Police Station Division No.2, District Ludhiana,
Punjab (Annexure P-1) and all the subsequent proceedings
arising therefrom on the basis of compromise dated 01.04.2021
(Annexure P-2).
Learned counsel for the petitioners has submitted that
all the persons concerned are party to the compromise.
Notice of motion for 20.01.2022.
1 of 4
On asking of the Court, Mr. N.K. Banka, DAG, Punjab,
appears and accepts notice on behalf of the respondent-State
and Ms. Nidhi Bansal, Advocate appears on behalf of
respondent Nos.2 to 6.
The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their statements qua
compromise within a period of 15 days.
The Illaqa Magistrate/trial Court is directed to submit a
report on or before the next date of hearing containing the
following information:-
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.
(VIKAS BAHL)
08.11.2021 JUDGE"
In pursuance to the said order, a report has been submitted by
Judicial Magistrate 1st Class, Ludhiana. The relevant portion of the said
report is reproduced hereinbelow:-
"On 22.11.2021 ASI Des Raj, No.1612, LDh.PS Div.
no.2, Ludhiana has suffered a statement that the present FIR
was registered on the statement of complainant Ajmer Singh
son of Amrik Singh. However, Gurmail Singh son of
Harbhajan Singh, Sanjeev Kumar son of Madan Lal, Prabhjot
Singh son of Jailmail Singh, Malkiat Singh @ Rinku son of
Dalbir Singh were the witnesses/injured in the above said FIR.
xxxx xxxx
From the statements, it appears that compromise has
been voluntarily effected between the parties. The compromise
appears to be genuine and without any pressure or coercion."
Yours faithfully,
(Gurpreet Singh)
Judicial Magistrate 1st Class,
Ludhiana (UID No.PB-406)"
A perusal of the above said report would show that the
petitioners and respondents No.2 to 6 have appeared and suffered
statements with respect to the compromise, which have been found to be
2 of 4
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 to 6 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.
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
3 of 4
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.226 dated 25.11.2019 registered under Sections
323,341,506,427,160,148 and 149 of the Indian Penal Code, 1860 at Police
Station Division No.2, District Ludhiana, Punjab (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
4 of 4
