Nagina Begum And Others vs State Of Punjab And Others
2023 Latest Caselaw 9290 P&H

                                                          Neutral Citation No:=2023:PHHC:083897




CRM-M-34911-2020                         Neutral Citation No.2023:PHHC:083897

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             IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

252
                                                       CRM-M-34911-2020
                                                       Decided on : 04.07.2023

Nagina Begum and others
                                                                          . . . Petitioners
                                        Versus
State of Punjab and others
                                                                       . . . Respondents
CORAM:       HON'BLE MR. JUSTICE AMAN CHAUDHARY
PRESENT: Mr. Ranjan Lakhanpal, Advocate
         for the petitioners
             Mr. H. S. Sullar, Sr. DAG, Punjab

                                         ****
AMAN CHAUDHARY, J.

1. The present petition has been filed under Section 482 Cr.P.C. for

quashing FIR No. 47, dated 12.03.2019 registered under Sections 384, 447, 506,

149 and 511 IPC at Police Station Civil Lines, Bathinda, District Bathinda,

Annexure P-1 and all other consequential proceedings arising therefrom on the

basis of compromise dated 15.01.2020, Annexure P-2.

2. This Court vide order dated 30.10.2020 had 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, reports dated 09.02.2021 and

29.05.2023 have been received from the Chief Judicial Magistrate, Bathinda. A

perusal of the said reports reveals that statements of the concerned persons have

been recorded, who have stated that the matter has been settled between the

parties and they have no objection if the FIR in question is quashed. The

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

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coercion. It is also stated in the report that there are 3 accused persons. They have

not been declared as proclaimed offenders.

4. Heard learned counsel for the parties and perused 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 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"

8. This Court in the case of Sikander Yadav (supra), wherein also the

death had occurred on account of electric shock, while emphasizing the purpose of

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criminal jurisprudence to be reformatory in nature and bring peace to the family,

community and society, thereby, quashed the FIR registered under Section 304-A

IPC. The important aspects observed were that the compromise had taken place

without any coercion or dubious means and the accused was not an incorrigible or

a professional offender.

9. In view of the above-referred judgments and after a perusal of the

report of trial Court regarding amicable settlement between the petitioners and the

complainants, this Court finds that quashing of FIR will accord a quietus to all

disputes between the parties and it is in the best 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.

9. Resultantly, the present petition is allowed and FIR No. 47, dated

12.03.2019 registered under Sections 384, 447, 506, 149 and 511 IPC at Police

Station Civil Lines, Bathinda, District Bathinda, Annexure P-1 and all other

consequential proceedings arising therefrom are quashed qua the petitioners on the

basis of compromise and affidavit dated 15.01.2020.

                                                           (AMAN CHAUDHARY)
                                                               JUDGE
04.07.2023
Mehak
                  Whether reasoned/speaking?                 Yes/No
                  Whether reportable?                        Yes/No




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