Balkar Singh And Another vs State Of Punjab And Another
2023 Latest Caselaw 5278 P&H

                                                         Neutral Citation No:=2023:PHHC:058684




CRM-M-1255-2023 (O&M)                      2023:PHHC:058684
                                                    -1-
            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
267
                                                       CRM-M-1255-2023 (O&M)
                                                       Date of decision: 25.04.2023

BALKAR SINGH AND ANOTHER
                                                                         ....Petitioner(s)
                                Versus

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

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

Present : Ms. Sukhman Kaur, Advocate for Mr. J.S. Dhaliwal, Advocate for the petitioners.

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

Ms. Amandeep Kaur, Advocate for Mr. H.S. Maan, Advocate for respondent No.2.

*****

AMAN CHAUDHARY. J.

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

quashing of FIR No.124, dated 21.05.2021, under Sections 323, 324, 34 IPC,

registered at Police Station Lambi, District Sri Muktsar Sahib, (Annexure P-1)

and Section 326 IPC (added subsequently) vide DDR No.21 dated 27.11.2021,

(Annexure P-2) and all other consequential proceedings arising therefrom on the

basis of the compromise dated 30.11.2022 (Annexure P-3).

Notice of motion was issued on 11.01.2023 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 06.03.2023 has been

received from the learned Judicial Magistrate 1st Class, Malout. A perusal of the

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CRM-M-1255-2023 (O&M) 2023:PHHC:058684

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 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 two accused. None of the accused

have 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.

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CRM-M-1255-2023 (O&M)                                    2023:PHHC:058684

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. 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.124, dated

21.05.2021, under Sections 323, 324, 34 IPC, registered at Police Station Lambi,

District Sri Muktsar Sahib, Annexure P-1 and Section 326 IPC (added

subsequently) vide DDR No.21 dated 27.11.2021, Annexure P-2, and all other

consequential proceedings arising therefrom on the basis of the compromise dated

30.11.2022, Annexure P-3, 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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