Amanjot Singh And Another vs State Of Punjab And Another
2023 Latest Caselaw 2133 P&H

CRM-M-10205-2021 (O&M)                                                -1-

            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH

249
                                                      CRM-M-10205-2021 (O&M)
                                                       Date of decision: 01.02.2023
AMANJOT SINGH AND ANOTHER
                                                                     ....Petitioner(s)
                                Versus

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

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

Present : Mr. Vishal Thakur, Advocate for the petitioners.

Mr. Kamalpreet Singh, AAG Punjab.

*****

AMAN CHAUDHARY. J.

Present petition has been filed for quashing of FIR No.65, dated

27.07.2019, under Sections 406, 420 of IPC and Section 13 of Punjab Travel

Professional (Regulation) Act, 2014 and Section 24 of Immigration Act, 1983,

registered at Police Station Banga, District SBS Nagar and all other consequential

proceedings arising therefrom on the basis of the compromise.

Notice of motion was issued on 04.03.2021 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 17.03.2021 has been

received from the Judicial Magistrate First Class, Shaheed Bhagat Singh Nagar. 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 the parties and they have no objection in case the FIR in question is

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CRM-M-10205-2021 (O&M) -2-

quashed and the compromise effected between them is genuine, without any

undue influence and coercion. It is stated in the report that there are two accused.

Accused were previously declared as proclaimed persons and they are not

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 is reproduced hereinbelow:-

"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"

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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.65, dated

27.07.2019, under Sections 406, 420 of IPC and Section 13 of Punjab Travel

Professional (Regulation) Act, 2014 and Section 24 of Immigration Act, 1983,

registered at Police Station Banga, District SBS Nagar, and all other

consequential proceedings arising therefrom on the basis of the compromise, are

quashed qua the petitioners.

                                                (AMAN CHAUDHARY)
                                                     JUDGE
February 01, 2023
M.Kamra/gsv
       Whether speaking/reasoned        :      Yes/No
       Whether reportable               :      Yes/No




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