Heena And Anr vs State Of Punjab And Others
2023 Latest Caselaw 16306 P&H

                                                         Neutral Citation No:=2023:PHHC:123920




 CRM-M-38681-2023 (O&M)                                2023:PHHC:123920
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            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
265
                                                      CRM-M-38681-2023 (O&M)
                                                      Date of decision: 20.09.2023

Heena and Another
                                                                          ....Petitioners
                                Versus

State of Punjab and Others
                                                                        ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                  *****

Present : Mr. Nirmal Singh, Advocate for the petitioners

Mr. H.S. Sullar, Sr. DAG Punjab

Mr. Sunil Duggal, Advocate for respondent Nos.2 to 7 ***** AMAN CHAUDHARY. J.

1. The present petition has been filed for quashing of FIR No.371, dated

19.08.2022, registered under Sections 323, 324, 341, 452, 506, 148 and 149 IPC,

at Police Station Zirakpur, District SAS Nagar (Mohali), and all other

consequential proceedings arising therefrom on the basis of the compromise dated

05.06.2023 (Annexure P-3).

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

08.08.2023, 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 31.08.2023 has been

received from the learned Judicial Magistrate 1st Class, Dera Bassi. A perusal of

the said report reveals that statements of the concerned persons have been

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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 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. Hon'ble The Supreme Court in case of Jayrajsingh Digvijaysingh

Rana vs. State of Gujrat and another, 2012(12) SCC 401, held that where there

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is a partial compromise with some of the accused even then also the proceedings

against the said accused should be quashed as the same would not even remotely

result in his conviction.

8. 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.

9. Resultantly, the present petition is allowed and FIR No.371, dated

19.08.2022, registered under Sections 323, 324, 341, 452, 506, 148 and 149 IPC,

at Police Station Zirakpur, District SAS Nagar (Mohali), and all other

consequential proceedings arising therefrom are quashed qua the petitioners on the

basis of the compromise dated 05.06.2023.

                                                   (AMAN CHAUDHARY)
                                                         JUDGE
September 20, 2023
M.Kamra

      Whether speaking/reasoned                :      Yes / No
      Whether reportable                       :      Yes / No




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