Lakha Singh vs State Of Punjab And Another
2023 Latest Caselaw 16850 P&H

                                                          Neutral Citation No:=2023:PHHC:127260




 CRM-M-22004-2023(O&M)                                 2023:PHHC: 127260
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              IN THE HIGH COURT OF PUNJAB & HARYANA
                           AT CHANDIGARH
235
                                                         CRM-M-22004-2023 (O&M)
                                                         Date of decision: 29.09.2023

Lakha Singh
                                                                            ....Petitioner
                                 Versus

State of Punjab and another
                                                                         ...Respondents

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

Present : Mr. PS Dhaliwal, Advocate for the petitioner

Ms. Himani Arora, AAG Punjab

Mr. K.S. Siwach, Advocate for Mr. Sandeep Singh, Advocate for respondent No.2 ***** AMAN CHAUDHARY. J.

1. The present petition has been filed for quashing of FIR No.9, dated

28.01.2014, registered under Sections 420, 120-B of IPC at Police Station

Tallewal, District Barnala and all other consequential proceedings arising

therefrom on the basis of the compromise dated 12.04.2023 (Annexure P-2).

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

02.05.2023, 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 order, report dated 29.05.2023 has been

received from the learned Judicial Magistrate First Class, Barnala. 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 has been settled between them

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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. Accused Lakha Singh

has been declared as proclaimed offender and one FIR under Section 174-A IPC

pending against him.

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 of India 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 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.

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

28.01.2014, registered under Sections 420, 120-B of IPC at Police Station

Tallewal, District Barnala and all other consequential proceedings arising

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

12.04.2023.

                                                   (AMAN CHAUDHARY)
                                                         JUDGE
September 29, 2023
M.Kamra

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




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