Punjab-Haryana High Court
Rajeev Vashisht vs State Of Punjab And Anr on 31 July, 2023
SANGEETA
CRM-M-37095-2018 N.C. No.2023:PHHC:097845
-l-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
256
CRM-M-37095-2018
Date of Decision: 31.07.2023
Rajeev Vashisht
....-Petitioner
Versus
State of Punjab and anr.
....Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Ms. Sushma Sumar, Advocate for
Mr. Rohit Dheer, Advocate
for the petitioner.
Mr. Manipal Singh Atwal, DAG, Punjab.
He 2 2 2
AMAN CHAUDHARY, J.
1. The present petition has been filed under Section 482 of Cr.P.C.
for quashing of FIR No.38, dated 10.03.2010, registered under Section 420
IPC, at Police Station Rangar Nangal, Police District Batala and all other
consequential proceedings arising therefrom on the basis of the compromise
dated 29.01.2018 (Annexure P-3).
2. This Court vide order dated 05.12.2018, directed the parties to
appear before the trial Court/IIlaqa Magistrate for recording their statements
with regard to the compromise.
3. Pursuant to the aforesaid order, report dated 22.11.2022 has
been received from the Additional Civil Judge (Senior Division)-cum-Sub
Divisional Judicial Magistrate, Batala. A perusal of the said report reveals
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CRM-M-37095-2018 N.C. No.2023:PHHC:097845
that statements of the parties 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
between them is genuine, without any undue influence and coercion. It is
further stated in the report that there is one accused in the present case, who
has not been declared as proclaimed offender and is not involved in any
other FIR.
4. Heard learned counsel for the parties and have 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 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
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SANGEETA
CRM-M-37095-2018 N.C. No.2023:PHHC:097845
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 and perusing the report
of the trial Court regarding amicable settlement between the petitioner 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 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.38,
dated 10.03.2010, registered under Section 420 of IPC, at Police Station
Rangar Nangal, Police District Batala, and all other consequential
proceedings arising therefrom are quashed qua the petitioner on the basis of
the compromise dated 29.01.2018.
(AMAN CHAUDHARY)
31.07.2023 JUDGE
Sangeeta
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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authenticity of this
order/judgment
