Kewal Singh And Ors vs State Of Punjab And Ors
2023 Latest Caselaw 6681 P&H

                                                         Neutral Citation No:=2023:PHHC:067861




CRM-M-36709-2021 (O&M)                                 N.C. No. 2023:PHHC:067861
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             IN THE HIGH COURT OF PUNJAB & HARYANA
                          AT CHANDIGARH
239
                                                    CRM-M-36709-2021 (O&M)
                                                    Date of decision: 09.05.2023
Kewal Singh and others
                                                                           ....Petitioners
                                  Versus

State of Punjab and others
                                                                         ...Respondents

CORAM:       HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present :    Mr. Navkaran S. Sandhu, Advocate for
             Mr. Kushagra Beniwal, Advocate for the petitioners

             Mr. Kunal Vinayak, AAG Punjab

             Mr. Tanvir S. Grewal, Advocate for respondent Nos.2 to 6

                          *****

AMAN CHAUDHARY. J.

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

quashing of FIR No.200, dated 11.07.2020, registered under Sections 341, 323,

324, 506, 452, 34 IPC at Police Station Bhawanigarh, District Sangrur, and all

other consequential proceedings arising therefrom on the basis of the compromise

dated 02.08.2021 Annexure P-3.

2. This Court vide order dated 31.08.2022 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, report dated 16.09.2022 has been

received from the Judicial Magistrate First Class, Sangrur. A perusal of the said

report reveals 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

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between them is genuine, without any undue influence and coercion. It is stated in

the report that there are three accused and none of them has been declared as

proclaimed offender. It is further stated that respondent No.2-Simranjit Kaur had

died and her death certificate has been furnished by her husband namely Hardip

Singh alias Harjeet Singh.

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 the High Court has

power under Section 482 Cr.P.C. to allow the compounding of a non-

compoundable offence and quash the prosecution where it 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 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 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"

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7. In view of the judgments referred to above, perusing the report of the

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 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.200, dated

11.07.2020, registered under Sections 341, 323, 324, 506, 452, 34 IPC at Police

Station Bhawanigarh, District Sangrur,, and all other consequential proceedings

arising therefrom are quashed qua the petitioners on the basis of the compromise

dated 02.08.2021.

                                                     (AMAN CHAUDHARY)
                                                           JUDGE
09.05.2023
S.Sharma(syr)

        Whether speaking/reasoned                :      Yes/No

        Whether reportable                       :      Yes/No




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