Punjab-Haryana High Court
Sanjeev Singh And Another vs State Of Punjab And Another on 19 January, 2023
CRM-M-49214-2022 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
264
CRM-M-49214-2022 (O&M)
Date of decision: 19.01.2023
SANJEEV SINGH AND ANOTHER
....Petitioner(s)
Versus
STATE OF PUNJAB AND ANR
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Harshat Brar, Advocate
for the petitioners.
Mr. Kamalpreet Bawa, AAG Punjab.
Mr. Gagandeep Singh Rana, Advocate
for the respondent No.2.
*****
AMAN CHAUDHARY. J.
Present petition has been filed for quashing of FIR No.134, dated
24.07.2022, under Sections 326, 452 and 34 of Indian Penal Code, registered at
Police Station Vairoke, District Fazilka and all other consequential proceedings
arising therefrom on the basis of the compromise dated 07.10.2022 (Annexure P-
2).
Notice of motion was issued on 21.10.2022 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 06.01.2023 has been
received from the Judicial Magistrate 1st Class, Jalalabad. 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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CRM-M-49214-2022 (O&M) -2-
compromise effected between them is genuine, without any undue influence and
coercion. It is stated in the report that there are three accused. None of the accused
has been declared as proclaimed offender and none of them is involved in any
other FIR.
While relying upon the judgment of Hon'ble the Supreme Court in
case of "Jayrajsingh Digvijaysingh Rana vs State of Gujrat and another",
2012(12) SCC 401, learned counsel for the petitioners contends that where there is
a partial compromise with some of the accused then also the proceedings against
the said accused should be quashed as the same would not even remotely result in
conviction of the said accused.
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
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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"
In view of the above, the petition is allowed and FIR No.134, dated
24.07.2022, under Sections 326, 452 and 34 of Indian Penal Code, registered at
Police Station Vairoke, District Fazilka, and all other consequential proceedings
arising therefrom on the basis of the compromise dated 07.10.2022 (Annexure P-
2) are quashed qua the petitioners.
(AMAN CHAUDHARY)
JUDGE
January 19, 2023
M.Kamra/gsv
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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