Manpreet Singh @ Shunty And Others vs State Of Punjab And Another
2024 Latest Caselaw 10514 P&H

Citation : 2024 Latest Caselaw 10514 P&H
Judgement Date : 1 July, 2024

Punjab-Haryana High Court

Manpreet Singh @ Shunty And Others vs State Of Punjab And Another on 1 July, 2024

Author: Kirti Singh

Bench: Kirti Singh

                                      Neutral Citation No:=2024:PHHC:081158




CRM-M-48975-2023                                                              1

246
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                    CRM-M-48975-2023
                                                    Date of Decision : 01.07.2024

Manpreet Singh @ Shunty and others

                                                          .....Petitioners

                                      Versus
State of Punjab and another

                                                          .....Respondents

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:    Mr. Rahul Rampal, Advocate
            for the petitioners.

            Mr. Karunesh Kaushal, AAG Punjab

KIRTI SINGH, J.(Oral)

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

quashing of FIR No. 55, dated 19.04.2017, registered under Sections 379-B, 323,

341, 506, 427, 148, 149 IPC at Police Station Division No. 7, District Ludhiana

and all other consequential proceedings arising therefrom on the basis of the

compromise dated 19.08.2023.

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

24.01.2024, 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 11.03.2024 has been

received from the Additional District and Sessions Judge, Ludhiana. 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 1 of 3

Neutral Citation No:=2024:PHHC:081158

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

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. "
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                                         Neutral Citation No:=2024:PHHC:081158

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 FIR No. 55, dated

19.04.2017, registered under Sections 379-B, 323, 341, 506, 427, 148, 149 IPC at

Police Station Division No. 7, District Ludhiana and all other consequential

proceedings are quashed qua the petitioners on the basis of the compromise dated

19.08.2023.