Sukhwinder Singh And Others vs State Of Punjab And Others
2023 Latest Caselaw 15312 P&H

                                                         Neutral Citation No:=2023:PHHC:117883


CRM-M-36077-2023                     2023:PHHC:117883                    1



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

271                                           CRM-M-36077-2023 (O&M)
                                              Date of decision: 06.09.2023

Sukhwinder Singh and others
                                                                    ..Petitioners

                                       Versus

State of Punjab and another
                                                                    ..Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:         Mr. Satnam Singh, Advocate for the petitioners.

                 Mr. HS Sullar, Sr. DAG, Punjab.

                 Mr. Anshul Sharma, Advocate for respondent No.2.

       ***

AMAN CHAUDHARY, J

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

for quashing of FIR No.214, dated 06.08.2021, registered under Sections

406, 420, 465, 467, 468, 471 and 120-B IPC and Section 13 of Punjab

Travel Professional (Regulation) Act, 2014 at Police Station Phillaur,

District Jalandhar Rural, and all other consequential proceedings arising

therefrom on the basis of the compromise dated 03.09.2022.

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

28.07.2023, 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 21.08.2023 has

been received from the Sub Divisional Judicial Magistrate, Phillaur. A

perusal of the said report reveals that statements of the concerned persons

1 of 3

Neutral Citation No:=2023:PHHC:117883

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 three accused. None of them has been declared as

proclaimed offender. Petitioners No.1 and 2 are not involved in any other

FIR and petitioner No.3 is involved in one more 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"

2 of 3

Neutral Citation No:=2023:PHHC:117883

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.214,

dated 06.08.2021, registered under Sections 406, 420, 465, 467, 468, 471

and 120-B IPC and Section 13 of Punjab Travel Professional (Regulation)

Act, 2014 at Police Station Phillaur, District Jalandhar Rural, and all other

consequential proceedings arising therefrom are quashed qua the

petitioners on the basis of the compromise dated 03.09.2022.

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

             Whether reportable :              Yes/No




                                                     Neutral Citation No:=2023:PHHC:117883

                                 3 of 3