Sanjeev Kumar @ Babba vs State Of Punjab And Another
2023 Latest Caselaw 4037 P&H

                                                           Neutral Citation No:=2023:PHHC:051832




CRM-M-1466-2023                                                          1
                                              Neutral Citation No. 2023:PHHC:051832

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH
267
                                                       CRM-M-1466-2023
                                                       Decided on : 13.04.2023

Sanjiv Kumar @ Babba
                                                                            . . . Petitioner
                                       Versus
State of Punjab and another
                                                                        . . . Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
PRESENT: Mr. Vinod K. Kaushal, Advocate
         for the petitioner.

            Mr. H. S. Sullar, Sr. DAG, Punjab.

            Mr. Raman Kumar, Advocate
            for the complainant-respondent No. 2.
                                     ****


AMAN CHAUDHARY, J.

Present petition has been filed for quashing of FIR No. 129, dated

21.06.2019 under Sections 452, 427, 506, 323 and 34 IPC registered at Police

Station Islamabad, District Police Commissionerate Amritsar, Amritsar and all

other consequential proceedings arising therefrom on the basis of compromise

dated 04.01.2023(Annexure P-2).

Notice of motion was issued on 13.01.2023 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.

Pursuant to the aforesaid order, report dated 10.04.2023 has been

received from the Judicial Magistrate 1st Class, Amritsar. 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

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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 were two accused out of which

proceedings qua co-accused namely Sahil Sharma @ Vicky have already been

quashed. The petitioner has not been declared as proclaimed offender and is not

involved in any other case.

I have heard learned counsel for the parties and have also gone

through the case file.

The Full Bench of this Court in "Kulwinder Singh and others Vs

State of Punjab", 2007 (3) RCR (Criminal) 1052, 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 Supreme Court of India in the case of "Gian Singh Vs.

State of Punjab and another", 2012 (4) RCR (Criminal) 543, had 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 reads thus:-

"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

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the process of any Court. XXX---XXX"

In view of the judgments referred to above, perusing the report of the

trial Court regarding amicable settlement between the petitioner(s) and the

complainant(s), this Court finds that quashing the FIR will accord a quietus to all

disputes between the parties and it is in the interest of both sides to bury the

hatchet and lead a peaceful life. Thus, no useful purpose would be served in

continuing the proceedings and in order to secure the ends of justice, the criminal

proceedings in the present case deserve to be quashed.

Resultantly, the present petition is allowed and FIR No. 129, dated

21.06.2019 under Sections 452, 427, 506, 323 and 34 IPC registered at Police

Station Islamabad, District Police Commissionerate Amritsar, Amritsar and all

other consequential proceedings arising therefrom on the basis of compromise

dated 04.01.2023(Annexure P-2), are quashed qua the petitioner.

                                                         (AMAN CHAUDHARY)
                                                             JUDGE
13.04.2023
Mehak

                       Whether reasoned/speaking?            Yes/No
                       Whether reportable?                   Yes/No




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