Anoesh Mattu @ Anshu And Others vs State Of Punjab And Others
2023 Latest Caselaw 15158 P&H

                                                         Neutral Citation No:=2023:PHHC:117048


CRM-M-37923-2023                     2023:PHHC:117048                    1



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

278                                           CRM-M-37923-2023 (O&M)
                                              Date of decision: 05.09.2023

Anoesh Mattu @ Anshu and others
                                                                    ..Petitioners

                                       Versus

State of Punjab and others
                                                                    ..Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:         Mr. GS Bawa, Advocate for the petitioners.

                 Mr. HS Sullar, Sr. DAG, Punjab.

       Mr. Vikrant Vij, Advocate for respondents No.2 and 3.
       ***

AMAN CHAUDHARY, J

1. The present petition has been filed for quashing of FIR

No.190, dated 08.09.2022, registered under Sections 323, 324, 325, 379-B

(2), 506, 148, 149 and 120-B IPC, at Police Station Ajnala, District

Amritsar Rural, and all other consequential proceedings arising therefrom

on the basis of the compromise dated 12.12.2022.

2. Heard learned counsel for the parties and also gone through

the case file.

3. This Court while issuing notice of motion vide order dated

07.08.2023, directed the parties to appear before the trial Court/Illaqa

Magistrate for recording their statements with regard to the compromise.

4. Pursuant to the aforesaid order, report dated 24.08.2023 has

been received from the Sub Divisional Judicial Magistrate, Ajnala. 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

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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 stated in the

report that there are five accused. None of the accused has been declared

as proclaimed offender and are not involved in any other FIR.

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"

7. In view of the afore-referred judgments, perusing the report

of the trial Court regarding amicable settlement between the petitioners

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and the complainant, this Court finds that quashing the 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.190,

dated 08.09.2022, registered under Sections 323, 324, 325, 379-B (2),

506, 148, 149 and 120-B IPC, at Police Station Ajnala, District Amritsar

Rural, and all other consequential proceedings arising therefrom are

quashed qua the petitioners on the basis of the compromise dated

12.12.2022.

                                                (AMAN CHAUDHARY )
05.09.2023                                           JUDGE
ashok
              Whether speaking/reasoned :       Yes/No

              Whether reportable :              Yes/No




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