Jagmohan Singh vs State Of Punjab And Another
2023 Latest Caselaw 15159 P&H

                                                         Neutral Citation No:=2023:PHHC:116962


CRM-M-27270-2021                     2023:PHHC:116962                    1



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

268                                           CRM-M-27270-2021 (O&M)
                                              Date of decision: 05.09.2023

Jagmohan Singh
                                                                    ..Petitioner

                                       Versus

State of Punjab and others
                                                                    ..Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:         Mr. Gagandeep Singh, Advocate for
                 Mr. CS Bakshi, Advocate
                 for the petitioner.

                 Mr. HS Sullar, Sr. DAG, Punjab.

                 Mr. Manish Verma, Advocate for
                 Mr. JS Lalli, Advocate for respondent No.2.

       ***

AMAN CHAUDHARY, J

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

No.79, dated 22.05.2021, registered under Sections 365, 342, 323, 506, 34

IPC and Section 66-E of the IT (Amendment) Act, at Police Station

Division No.1, Ludhiana, and all other consequential proceedings arising

therefrom on the basis of the compromise deeds dated 08.07.2021 and

14.12.2022.

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

the case file.

3. This Court vide orders dated 19.07.2021 and 24.05.2023,

directed the parties to appear before the trial Court/Illaqa Magistrate for

recording their statements with regard to the compromise.

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4. Pursuant to the aforesaid order, reports dated 07.09.2021 and

14.06.2023 have been received from the Judicial Magistrate 1st Class,

Ludhiana. A perusal of the said reports reveal that statements of the

concerned persons 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 are genuine, without any undue influence and coercion. It is

stated in the report that there is only one accused. He has never been

declared proclaimed offender and not involved in any other case.

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.

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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 petitioner 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.79,

dated 22.05.2021, registered under Sections 365, 342, 323, 506, 34 IPC

and Section 66-E of the IT (Amendment) Act, at Police Station Division

No.1, Ludhiana, and all other consequential proceedings arising therefrom

are quashed qua the petitioner on the basis of the compromise deeds dated

08.07.2021 and 14.12.2022.

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

             Whether reportable :              Yes/No




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