Gopy Alias Gurpreet Singh And Ors vs State Of Punjab And Another
2024 Latest Caselaw 14114 P&H

Citation : 2024 Latest Caselaw 14114 P&H
Judgement Date : 7 August, 2024

Punjab-Haryana High Court

Gopy Alias Gurpreet Singh And Ors vs State Of Punjab And Another on 7 August, 2024

Author: Kirti Singh

Bench: Kirti Singh

                                      Neutral Citation No:=2024:PHHC:101583




CRM-M-62113-2023                                                              1

273
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                    CRM-M-62113-2023
                                                    Date of Decision : 07.08.2024

Gopy @ Gurpreet Singh and others

                                                          .....Petitioners

                                      Versus
State of Punjab and another

                                                          .....Respondents

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:    Mr. Ritesh Pandey, Advocate
            for the petitioners

            Mr. Jasjeet Singh, DAG Punjab

            Mr. Aazam Khan, Advocate for
            Mr. Manoj Kumar, Advocate
            for respondents No. 2 and 2(i) to 2(iv)

KIRTI SINGH, J.(Oral)

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

quashing of Criminal Complaint No. COMI 159 of 2018 dated 25.07.2018

registered under Sections 326, 323, 506, 148, 149 IPC titled as Bachan Singh vs.

Gopy and others (Annexure P-1) and all other consequential proceedings arising

therefrom on the basis of the compromise dated 01.11.2023 (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

12.02.2024, 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 22.03.2024 has been

1 of 3

Neutral Citation No:=2024:PHHC:101583

received from the Judicial Magistrate 1st Class, Batala. 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 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.

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

2 of 3

Neutral Citation No:=2024:PHHC:101583

the process of any Court.

xxx xxx xxx. "

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 Criminal Complaint

No. COMI 159 of 2018 dated 25.07.2018 registered under Sections 326, 323, 506,

148, 149 IPC titled as Bachan Singh vs. Gopy and others (Annexure P-1) and all

other consequential proceedings are quashed qua the petitioners on the basis of the

compromise dated 01.11.2023 (Annexure P-2).