Jastej Singh And Another vs State Of Punjab And Others
2023 Latest Caselaw 15311 P&H

                                                          Neutral Citation No:=2023:PHHC:117851


CRM-M-6182-2022                      2023:PHHC:117851                     1



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

267                                           CRM-M-6182-2022 (O&M)
                                              Date of decision: 06.09.2023

Jastej Singh and another
                                                                     ..Petitioners

                                       Versus

State of Punjab and others
                                                                     ..Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:         Mr. Kushagra Mahajan, Advocate for the petitioners.

                 Mr. HS Sullar, Sr. DAG, Punjab.

                 Mr. Ankush Rampal, Advocate for
                 Mr. Anil Kumar Garg, Advocate
                 for respondents No.2 and 3.

       ***

AMAN CHAUDHARY, J

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

for quashing of FIR No.163, dated 23.06.2020, registered under Sections

336, 323, 148, 149 IPC and Sections 25 and 27 of the Arms Act at Police

Station Division B, District Amritsar and all other consequential

proceedings arising therefrom on the basis of the compromise dated

06.07.2021.

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

the case file.

3. This Court vide order dated 17.05.2023, 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 orders, report dated 02.09.2023 has

been received from the Judicial Magistrate 1st Class, Amritsar. A perusal

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of the said report reveals 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 is genuine,

without any undue influence and coercion. It is stated in the report that

there are two accused. None of them 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"

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

of the trial Court regarding amicable settlement between the petitioners

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.163,

dated 23.06.2020, registered under Sections 336, 323, 148, 149 IPC and

Sections 25 and 27 of the Arms Act at Police Station Division B, District

Amritsar, and all other consequential proceedings arising therefrom are

quashed qua the petitioners on the basis of the compromise dated

06.07.2021.

                                                (AMAN CHAUDHARY )
06.09.2023                                           JUDGE
ashok
              Whether speaking/reasoned :       Yes/No

              Whether reportable :              Yes/No




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