Punjab-Haryana High Court
Rajbeer Singh And Ors vs State Of Punjab And Others on 1 August, 2023
Neutral Citation No:=2023:PHHC:100913
CRM-M-20201-2023(O&M) Neutral Citation No.. 2023:PHHC:100913
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
272-A
CRM-M-20201-2023 (O&M)
Decided on : 01.08.2023
Rajbeer Singh and others
. . . Petitioners
Versus
State of Punjab and others
. . . Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
****
PRESENT: Mr. Davinder Singh, Advocate
for the petitioners
Ms. Himani Arora, AAG, Punjab
Mr. Rajneet Singh, Advocate
for respondent Nos. 2 and 3
****
AMAN CHAUDHARY, J.
CRM-30240-2023
Present application has been filed for impleading Surinder Kaur wife
of Balveer Singh as respondent No. 3.
Applicant Surinder Kaur w/o Late Balveer Singh has filed the present
application for being impleaded as respondent No. 3, on account of the fact that her
son Avtar Singh, had passed away, therefore his father namely Balveer Singh was
impleaded who is also no more.
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In view of the above, applicant is impleaded as respondent No. 3 in
the present petition.
Amended memo of parties is taken on record.
Registry is directed to tag the same at the appropriate place.
CRM-M-20201-2023
1. The present petition has been filed under Section 482 Cr.P.C. for
quashing of FIR No. 99 dated 05.06.2020 registered under Sections 307, 324, 323,
506, 148 and 149 of the Indian Penal Code, 1860 and Sections 25 and 27 of the
Arms Act, 1959 at Police Station Sadar Ferozepur, District Ferozepur, Annexure P-
1 and all other consequential proceedings arising therefrom on the basis of
compromise dated 13.09.2022.
2. This Court vide order dated 25.04.2023 had directed the parties to
appear before the trial Court/Illaqa Magistrate for recording their statements with
regard to the compromise.
3. Pursuant to the aforesaid order, report dated 13.06.2023 has been
received from the Additional Chief Judicial Magistrate, Ferozepur. A perusal of the
said report reveals that statements of the concerned persons have been recorded,
who have stated that the matter has been settled between the parties and they have
no objection if the FIR in question is quashed. The compromise effected between
them is genuine, without any undue influence and coercion. It is also stated in the
report that there are 8 accused persons. They have not been declared as proclaimed
offenders and are not involved in any other case.
4. Heard learned counsel for the parties and perused the case file.
5. 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
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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.
6. 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 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"
7. In view of the above-referred judgments and after a perusal of the
report of trial Court regarding amicable settlement between the petitioners and the
complainant, this Court finds that quashing of FIR will accord a quietus to all
disputes between the parties and it is in the best 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.
8. Resultantly, the present petition is allowed and FIR No. 99 dated
05.06.2020 registered under Sections 307, 324, 323, 506, 148 and 149 of the Indian
Penal Code, 1860 and Sections 25 and 27 of the Arms Act, 1959 at Police Station
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Sadar Ferozepur, District Ferozepur, Annexure P-1 and all other consequential
proceedings arising therefrom are quashed qua the petitioners on the basis of
compromise dated 13.09.2022.
(AMAN CHAUDHARY)
JUDGE
01.08.2023
Mehak
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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