Parikshit @ Parikshit Sai vs State Of Ut Chandigarh And Another
2023 Latest Caselaw 14289 P&H

                                                         Neutral Citation No:=2023:PHHC:112268




 CRM-M-31071-2023 (O&M)                                2023:PHHC:112268
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            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
277
                                                       CRM-M-31071-2023 (O&M)
                                                       Date of decision: 28.08.2023

Parikshit @ Parikshit Sai
                                                                           ....Petitioner
                                Versus

State of UT Chandigarh and Another
                                                                        ...Respondents

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

Present : Mr. H.S. Sarin, Advocate for the petitioner

Mr. A.M. Punchhi, PP for U.T. Chandigarh

Mr. Bhupinder Gupta, Advocate for the complainant-respondent No.2 ***** AMAN CHAUDHARY. J.

1. The present petition has been filed for quashing of FIR No.62, dated

01.02.2014, registered under Sections 420, 467, 468 and 471 IPC (Section 474

IPC added later on), at Police Station Sector-34, Chandigarh, and all other

consequential proceedings arising therefrom on the basis of the compromise dated

05.06.2023 (Annexure P-3).

2. This Court while issuing notice of motion vide order dated

03.07.2023, 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 21.07.2023 has been

received from the learned Judicial Magistrate. 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 them and they have no

objection in case the FIR in question is quashed. The compromise effected

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between them is genuine, without any undue influence and coercion. It is stated in

the report that there is one accused. He has been declared as proclaimed offender

on 07.11.2016 and is not involved in any other FIR.

4. Heard learned counsel for the parties and also gone through 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

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

7. In view of the afore-referred judgments, perusing the report of the

trial Court regarding amicable settlement between the petitioner and the

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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.

8. Resultantly, the present petition is allowed and FIR No.62, dated

01.02.2014, registered under Sections 420, 467, 468 and 471 IPC (Section 474

IPC added later on), at Police Station Sector-34, Chandigarh, and all other

consequential proceedings arising therefrom are quashed qua the petitioner on the

basis of the compromise dated 05.06.2023.

                                                  (AMAN CHAUDHARY)
                                                        JUDGE
August 28, 2023
M.Kamra

      Whether speaking/reasoned               :      Yes / No
      Whether reportable                      :      Yes / No




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