Punjab-Haryana High Court
Gurdev Singh And Others vs State Of Punjab And Others on 1 July, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:081129
CRM-M-15682-2024 1
251
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-15682-2024
Date of Decision : 01.07.2024
Gurdev Singh and others
.....Petitioners
Versus
State of Punjab and others
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Rajat Dogra, Advocate
for the petitioners.
Mr. Karunesh Kaushal, AAG Punjab
Mr. Ankit Bhinchar, Advocate for
Mr. K.S. Brar, Advocate
for respondents No. 2 and 3
KIRTI SINGH, J.(Oral)
1. The present petition has been filed under Section 482 Cr.P.C. for
quashing of rapat No. 13 dated 24.09.2023 registered under Sections 341, 323,
325, 148, 149 IPC at Police Station Fattu Dhinga, District Kapurthala registered as
cross version case of FIR No. 37, dated 29.05.2023, registered under Sections 323,
325, 34 IPC at Police Station Fattu Dhinga, District Kapurthala and all other
consequential proceedings arising therefrom on the basis of the compromise dated
18.03.2024.
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
01.04.2024, directed the parties to appear before the trial Court/Illaqa Magistrate
for recording their statements with regard to the compromise.
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4. Pursuant to the aforesaid order, report dated 09.05.2024 has been
received from the Sub Divisional Judicial Magistrate, Sultanpur Lodhi. 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. It is stated in the report that there are two accused. None of them has
been declared as proclaimed offender and are not involved in any other FIR.
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
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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. "
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 rapat No. 13 dated
24.09.2023 registered under Sections 341, 323, 325, 148, 149 IPC at Police Station
Fattu Dhinga, District Kapurthala registered as cross version case of FIR No. 37,
dated 29.05.2023, registered under Sections 323, 325, 34 IPC at Police Station
Fattu Dhinga, District Kapurthala and all other consequential proceedings arising
therefrom are quashed qua the petitioners on the basis of the compromise dated
18.03.2024.
(KIRTI SINGH)
01.07.2024 JUDGE
reena
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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