Jorawar Singh And Ors vs State Of Punjab And Others
2023 Latest Caselaw 5277 P&H

                                                         Neutral Citation No:=2023:PHHC:058684




CRM-M-3709-2023 (O&M)                      2023:PHHC:058684
                                                    -1-
            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
271
                                                       CRM-M-3709-2023 (O&M)
                                                       Date of decision: 25.04.2023

JORAWAR SINGH AND ORS.
                                                                         ....Petitioner(s)
                                Versus

STATE OF PUNJAB AND OTHERS
                                                                       ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                 *****

Present : Mr. H.S. Dhindsa, Advocate for the petitioners.

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

Mr. P.S. Dhindsa, Advocate for respondent No.4.

*****

AMAN CHAUDHARY. J.

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

quashing of FIR No.0123, dated 19.11.2022, under Sections 447, 511, 506, 148,

149 IPC, registered at Police Station Payal, District Khanna, Annexure P-1 and all

other consequential proceedings arising therefrom on the basis of the No

Objection Affidavit of the complainant/respondent No.4 dated 10.01.2023

Annexure P-2.

Notice of motion was issued on 23.01.2023 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 18.04.2023 has been

received from the learned Sub Divisional Judicial Magistrate, Payal. A perusal of

the said report reveals that statements of the concerned persons have been

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recorded in the present case, who have stated that the matter has been settled

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 are five accused. 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.

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

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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 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.0123, dated

19.11.2022, under Sections 447, 511, 506, 148, 149 IPC, registered at Police

Station Payal, District Khanna, Annexure P-1 and all other consequential

proceedings arising therefrom on the basis of the No Objection Affidavit of the

complainant/respondent No.4 dated 10.01.2023 Annexure P-2, are quashed qua

the petitioners.

                                                (AMAN CHAUDHARY)
                                                     JUDGE
April 25, 2023
M.Kamra
      Whether speaking/reasoned         :      Yes/No
      Whether reportable                :      Yes/No




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