Piyara Singh And Another vs State Of Punjab And Another
2023 Latest Caselaw 5081 P&H

                                                         Neutral Citation No:=2023:PHHC:057706




CRM-M-11856-2021                                                      1
                                          Neutral Citation No. 2023:PHHC:057706

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH
260
                                                     CRM-M-11856-2021
                                                     Decided on : 24.04.2023

Piyara Singh and another
                                                                         . . . Petitioners
                                       Versus
State of Punjab and another
                                                                      . . . Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
PRESENT: Mr. Rahul Garg, Advocate for
         Mr. Naveen Batra, Advocate
         for the petitioners.

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

            Mr. Ankush Rampal, Advocate
            for the complainant-respondent No. 2.
                                     ****

AMAN CHAUDHARY, J.

Present petition has been filed under Section 482 Cr.P.C. for

quashing of FIR No. 134, dated 07.12.2017 under Sections 431, 434 and 120-B

IPC registered at Police Station Nurpur Bedi, District Rupnagar, Annexure P-1

and all other consequential proceedings arising therefrom on the basis of

compromise dated 26.08.2020, Annexure P-2.

Both the parties were directed to appear before the trial Court vide

order dated 29.09.2022 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 15.12.2022 has been

received from the Judicial Magistrate 1st Class, Sri Anandpur Sahib. 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

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between the parties and they have no objection in case; the FIR in question is

quashed. The compromise effected between them is genuine, without any undue

influence and coercion. It is stated in the report that there were 3 accused persons

but one accused namely Amar Singh has been declared innocent and the present

petition has been filed by two petitioners namely, Piyara Singh and Kulvir Singh.

They have not been declared as proclaimed offenders and are 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 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

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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 judgments referred to above, perusing the report of the

trial Court regarding amicable settlement between the petitioners and the

complainant, 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. 134, dated

07.12.2017 under Sections 431, 434 and 120-B IPC registered at Police Station

Nurpur Bedi, District Rupnagar and all other consequential proceedings arising

therefrom on the basis of compromise dated 26.08.2020 (Annexure P-2), are

quashed qua the petitioners.

                                                      (AMAN CHAUDHARY)
                                                          JUDGE
24.04.2023
Mehak

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




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