Punjab-Haryana High Court
Sukhwinder Singh And Ors vs State Of Punjab And Anr on 1 July, 2024
Neutral Citation No:=2024:PHHC:081086
CRM-M-24531-2024(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
252 CRM-M-24531-2024(O&M)
Date of Decision: 01.07.2024
SUKHWINDER SINGH AND ORS ....Petitioners
VERSUS
STATE OF PUNJAB AND ANR ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Vikrant Vij, Advocate for the petitioners.
Mr. Satjot Singh, AAG, Punjab.
Mr. Gursimran Singh Bawa, Advocate for respondent no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code
of Criminal Procedure for quashing of FIR No.0025 dated 11.02.2023 under
Sections 420, 120-B of IPC registered at Police Station City Tarn Taran,
District Tarn Taran and all the subsequent proceedings arising therefrom, on
the basis of affidavit dated 14.03.2024 (Annexure P-2).
2. The aforementioned FIR had been lodged by respondent
No.2/complainant and investigation was commenced thereon.
3. It is submitted by counsel for the petitioners that a compromise
has been arrived at between the parties and they have resolved their inter se
dispute, which was reduced into writing as affidavit dated 14.03.2024
annexed with the present petition as Annexure P-2.
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4. On the basis of said compromise, the petitioners have prayed
for quashing of the aforesaid FIR and all the subsequent proceedings on the
ground that continuation of such proceedings would be a futile exercise.
5. This Court vide order dated 16.05.2024 had directed the parties
to appear before the Illaqa/Duty Magistrate for recording their statements
with regard to the genuineness of the compromise stated to have been
arrived at between them. The Illaqa/Duty Magistrate was also directed to
send his/her report along with the said statements.
6. Pursuant to the aforesaid order, the learned Chief Judicial
Magistrate, Tarn Taran has sent report vide endorsement No.941 dated
18.06.2024 to this Court along with original statement of respondent No.2
and statements of the petitioners recorded on 27.05.2024 and statement of
Investigating Officer ASI-Gurbhej Singh as recorded on 29.05.2024.
7. On the basis of these statements, it is submitted by learned
Magistrate that the compromise effected between the parties is genuine, out
of free Will and without any pressure or coercion. It is also mentioned in the
report that apart from the petitioners, there is no other accused in the FIR
and that the accused have not been declared proclaimed persons in this case.
8. I have heard learned counsel for the parties and besides
perusing the report by learned Judicial Magistrate, have also perused the
record.
9. It is well settled that the High Court has power to allow
compounding of a non-compoundable offence and quash the prosecution
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under Section 482 of Cr.P.C. where it feels that the same is required to
prevent the abuse of process of law or otherwise to secure the ends of
justice. Such power is not confined to matrimonial disputes alone. In this
regard, reference can be made to a Full Bench judgment of this Court in
Kulwinder Singh and others v. State of Punjab, 2007 (3) RCR
(Criminal) 1052. It is equally settled position of law that the power of High
Court in quashing criminal proceedings or FIR or complaint in exercise of
its inherent jurisdiction is of wide plenitude with no statutory limitation.
Such power can certainly be exercised in cases relating to offences arising
out of matrimony relating to dowry etc. or the family disputes where the
wrong is basically private or personal in nature and the parties have resolved
their entire dispute. The High Court is required to consider whether it would
be unfair or contrary to the interest of justice to continue with the criminal
proceedings or continuation of criminal proceedings would tantamount to
abuse of process of law and whether to secure the ends of justice, it is
appropriate to put an end to the criminal case and if the answer to such
question is in affirmative, then the High Court is well within its jurisdiction
to quash the criminal proceedings. Reference in this context can be made to
Hon'ble Apex Court judgments cited as Gian Singh v. State of Punjab and
another, 2012 (4) RCR (Criminal) 543 and Narinder Singh and others
vs. State of Punjab and another, 2014 (6) SCC 466.
10. In view of the proposition as settled in the aforementioned
cases, this Court finds that continuation of proceedings would be an abuse
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process of the Court in the facts and circumstances of the present case which
squarely falls within the ambit and parameters settled by judicial precedents
and that allowing and accepting the prayer of the petitioners by quashing of
the FIR would be securing the ends of justice, which is primarily the object
of legislature enacted under Section 482 of Cr.P.C. Accordingly, the petition
is allowed and the FIR No.0025 dated 11.02.2023 under Sections 420, 120-B
of IPC registered at Police Station City Tarn Taran, District Tarn Taran and
all the subsequent proceedings arising therefrom, are ordered to be quashed
qua the petitioners on the basis of affidavit dated 14.03.2024 (Annexure
P-2).
11. Needless to say that the parties shall remain bound by the terms
and conditions of the compromise and statements as recorded before learned
Judicial Magistrate.
( MANISHA BATRA )
01.07.2024 JUDGE
Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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