Mamchand And Others vs State Of Punjab And Anr
2023 Latest Caselaw 1229 P&H

CRM-M-55352-2022 (O&M)                                          -1-

            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
266
                                                      CRM-M-55352-2022 (O&M)
                                                       Date of decision: 19.01.2023
MAMCHAND AND OTHERS
                                                                       ....Petitioner(s)
                                Versus

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

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

Present : Ms. Gagandeep Kaur, Advocate for the petitioner.

Mr. Kamalpreet Bawa, AAG Punjab.

Ms. Jyoti Chahal, Advocate for Ms. B.K. Bhangu, Advocate for the respondent No.2-complainant.

***** AMAN CHAUDHARY. J.

Present petition has been filed for quashing of FIR No.276, dated

26.08.2022, under Sections 323, 341, 294, 506, 34 of Indian Penal Code,

registered at Police Station Dera Bassi, District SAS Nagar (Mohali) and all other

consequential proceedings arising therefrom on the basis of the compromise dated

12.10.2022 (Annexure P-2).

Notice of motion was issued on 30.11.2022 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 11.01.2023 has been

received from the Sub Divisional Judicial Magistrate, Dera Bassi. 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 quashed and the

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compromise effected between them is genuine, without any undue influence and

coercion. It is stated in the report that there are four 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.

After perusing the report submitted by the trial Court, this Court finds

that the matter has been amicably settled between the petitioner(s) and the

complainant(s). Since the matter has been settled and the parties have decided to

live in peace, this Court is of the view that in order to secure the ends of justice,

the criminal proceedings deserve to be quashed.

As per the Full Bench judgment of this Court in "Kulwinder Singh

and others Vs State of Punjab", 2007 (3) RCR (Criminal) 1052, it is 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 Apex Court in the case of "Gian Singh Vs. State of

Punjab and another", 2012 (4) RCR (Criminal) 543, had also 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

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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"

In view of the above, the petition is allowed and FIR No.276, dated

26.08.2022, under Sections 323, 341, 294, 506, 34 of Indian Penal Code,

registered at Police Station Dera Bassi, District SAS Nagar (Mohali), and all other

consequential proceedings arising therefrom on the basis of the compromise dated

12.10.2022 (Annexure P-2) are quashed qua the petitioners.

(AMAN CHAUDHARY) JUDGE January 19, 2023 M.Kamra/S.Sharma(syr) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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