Punjab-Haryana High Court
Sukhdev Singh Jossan And Others vs State Of Punjab And Others on 29 April, 2024
Neutral Citation No:=2024:PHHC:057891
CRM-M-3761-2024 (O&M) -1- 2024:PHHC:057891
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
227-III CRM-M-3761-2024 (O&M)
Date of Decision:29.04.2024
Sukhdev Singh Jossan and others
.... Petitioners
Versus
State of Punjab and others
.... Respondents
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - Mr. Rajat Dogra, Advocate for the petitioners.
Mr. S.S.Chahal, A.A.G., Punjab.
Mr. Davinder Singh Khurana, Advocate
for respondent No. 2 to 5.
NIDHI GUPTA, J. (ORAL)
The petitioners have filed the present petition under Section
482 Cr.P.C., for quashing of rapat No. 30 dated 04.11.2023 (Annexure P-
1) registered under Sections 323, 148, 149 IPC (offence under Section
326 IPC was added later on), at Police Station Cantt. Ferozepur, District
Ferozepur registered as cross-version case of FIR No. 123 dated
03.11.2023 under Sections 324, 323, 511 and 34 IPC at Police Station
Cantt., Ferozepur, District Ferozepur (Annexure P-2) and all the
consequential proceedings arising therefrom, on the basis of compromise
dated 29.12.2023 (Annexure P-4) effected between the parties.
Pursuant to the order dated 25.01.2024 passed by a
co-ordinate Bench of this Court, the parties appeared before the learned
Judicial Magistrate 1st Class, Ferozepur, to get their statements recorded.
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Learned Judicial Magistrate 1st Class, Ferozepur, has submitted her
report along with statements of the parties vide letter dated 19.02.2024
duly forwarded by the learned District and Sessions Judge, Ferozepur on
20.02.2024.
A perusal of the above said report would show that the
petitioners have suffered joint statements as also the private respondents
with respect to the compromise, which have been found to be valid,
genuine, voluntary and without any coercion or undue influence.
Learned counsel for the petitioners contends that it is a case
of version and cross-version wherein the parties have amicably arrived at
an amicable settlement between themselves. Learned counsel further
submits that the present rapat emanates from the matrimonial dispute
between the parties. He further submits that as per report, all the accused
are party to the compromise and they have never been declared as
proclaimed offenders. It is further submitted that the respondent No.3-
Sonia Kamboj has lodged FIR having No. 202 dated 04.12.2022
registered under Sections 406, 498A IPC and Section 4 of Dowry
Prohibition Act, 1961 at Police Station City Jalalabad, District Fazilka
against her husband and his family members. Vide order of even date
passed in CRM-M-1826-2024 titled as Sukhdev Singh Jossan and
others vs. State of Punjab and another, the FIR No. 202 dated
04.12.2022 has also been quashed.
Learned State counsel has stated that he has 'no objection'
in case the rapat in question is quashed on the basis of compromise qua
the petitioners.
This Court has heard the learned counsel for the parties and
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has perused the file.
After perusing the report submitted by the learned Judicial
Magistrate 1st Class, Ferozepur, this Court finds that the matter has been
amicably settled between the petitioners and private respondents. Since
the matter has been settled and the parties have decided to live in peace,
this Court feels that in order to secure the ends of justice, the criminal
proceedings deserve to be quashed.
As per the Full Bench judgment of this Court in "Kulwinder
Singh and others Vs State of Punjab", 2007 (3) RCR (Criminal) 1052,
it is held that High Court has power under Section 482 Cr.P.C. to allow
the compounding of non-compoundable offence and quash the
proceedings where the High Court is of the opinion that the same is
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.
Hon'ble Apex Court in the case of "Gian Singh Vs. State of
Punjab and another", 2012 (4) RCR (Criminal) 543, had also 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 is reproduced here-in-
below:-
"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
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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."
In view of what has been discussed here-in-above, this
petition is allowed and rapat No. 30 dated 04.11.2023 (Annexure P-1)
registered under Sections 323, 148, 149 IPC (offence under Section 326
IPC was added later on), at Police Station Cantt. Ferozepur, District
Ferozepur registered as cross-version case of FIR No. 123 dated
03.11.2023 under Sections 324, 323, 511 and 34 IPC at Police Station
Cantt., Ferozepur, District Ferozepur and all the consequential
proceedings arising therefrom, on the basis of compromise dated
29.12.2023 (Annexure P-4), are ordered to be quashed qua the
petitioners.
Pending application, if any, stands disposed of.
29.04.2024 ( NIDHI GUPTA )
Divyanshi JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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