Punjab-Haryana High Court
Vishaldeep Singh @ Vishal vs State Of Punjab And Another on 14 August, 2024
Author: Kirti Singh
Bench: Kirti Singh
CRM-31862-2024 in/and
CRM-M-62235-2023
119
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-31862-2024 in/and
CRM-M-62235-2023
Date of Decision: 14.08.2024
Vishaldeep Singh @ Vishal
viens Petitioner
Versus
State of Punjab and another
beees Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Karambir Singh Kahlon, Advocate for the petitioner.
Mr. Randhir Singh Thind, DAG, Punjab.
Mr. Atul Aggarwal, Advocate for respondent No.2.
3 2 2 2s 24
KIRTI SINGH, J.(Oral)
CRM-31862-2024
The instant application has been filed for seeking preponement of
the date of hearing of the main petition, which is otherwise fixed for 25.11.2024.
2. Notice in the application.
3. On the asking of the Court, Mr. Randhir Singh Thind, DAG, Punjab
accepts notice on behalf of the respondent-State and Mr. Atul Aggarwal,
Advocate accepts notice on behalf of respondent No.2 and state that they have no
objection, if the prayer made in the application is allowed.
4. In view of the averments made in the application, the application is
allowed. The main case is preponed for today itself and is taken on Board.
KAPIL
2024.08.14 16:28
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CRM-31862-2024 in/and
CRM-M-62235-2023
CRM-M-62235-2023
5. This petition has been filed under Section 482 Cr.P.C. seeking
quashing of FIR No.104 dated 14.08.2021, under Sections 379-B IPC (Section
411 IPC added lateron), registered at Police Station Maqsudan District Jalandhar
(Rural) and also to quash the impugned order dated 13.04.2023 (Annexure P-10)
declaring the petitioner proclaimed offender and all the subsequent proceedings
arising therefrom.
6. Heard learned counsel for the parties and also gone through the case
file.
7. This Court vide order dated 02.07.2024, directed the parties to
appear before the Illaqa Magistrate/trial Court for recording their statements with
regard to the compromise.
8. Pursuant to the aforesaid order, report dated 15.07.2024 has been
received from the Judicial Magistrate Ist Class, Jalandhar. 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.
9. 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
KAPIL ae ; ws nae
KAP Il aia 1agcure the ends of justice. This power of quashing is not confined to matrimonial
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FSA ERS ANS
Ses Pe Ttrs TANS
CRM-31862-2024 in/and
CRM-M-62235-2023
disputes alone.
10. 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 XXX, "
11. 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
KAPIL
2024.08.14 16:28
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SPOR SEM po. AER
HERS ' LR
SU84 BHRG 105s
CRM-31862-2024 in/and
CRM-M-62235-2023
proceedings in the present case deserve to be quashed.
12. Resultantly, the present petition is allowed and FIR No.104 dated
14.08.2021, under Sections 379-B IPC (Section 411 IPC added lateron),
registered at Police Station Maqsudan District Jalandhar (Rural) and impugned
order dated 13.04.2023 (Annexure P-10) and all other consequential proceedings
are quashed qua the petitioner on the basis of the compromise, subject to
payment of Rs.10,000/-s to be deposited in Poor Patient Fund, PGIMER,
Chandigarh.
(KIRTI SINGH)
14.08.2024 JUDGE
Kapil
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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