Punjab-Haryana High Court
Sahil Kumar And Another vs State Of Punjab And Others on 12 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:147742
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CRM-M-41371--2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-41371
41371-2024
Date of decision: November 12, 2024
SAHIL KUMAR AND ANOTHER
....Petitioners
VERSUS
STATE OF PUNJAB AND OTHERS
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:-Mr. Vivek Singla,, Advocate for the petitioner
petitioners.
Mr. Kamalpreet Bawa, AAG, Punjab.
Mr. Shubham Mehta, Advocate for
Respondents no. 2 & 3.
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 528 BNSS for
quashing of FIR No.167
No. dated 25.11.2022,, under Sections 458, 341, 323, 324,
506, 148, 149 IPC (offence under Section 326 IPC added later on) registered at
Police Station Dhanaula, Tehsil and Distt.
Distt. Barnala and all other consequential
proceedings arising therefrom on the basis of the compromise dated 12.08.2024
(Annexure-P3).
2. Heard learned counsel for the parties and also gone through the case
file.
3. This Court while issuing notice of m
motion
otion vide order dated
28.08.2024,, 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 19.09.2024 has been
received from thee Additional Chief Judicial Magistrat
Magistrate, Barnala.. A perusal of the
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CRM-M-41371--2024
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
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
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
Hon'ble
Punjab and another, 2012 (4) RCR (Criminal) 543
543, had observed that in order
to secure the ends of
o 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:-
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
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with no statutory limitation but it has to be exercised in
accordance with the guideline engrafted in such power viz;
(i) to secure the ends of justice or (ii) to prevent
revent abuse of the
process of any Court.
7. In view of the afore-referred
afore referred judgments, perusing the report of the
trial Court regarding amicable settlement between the petitioner(s) 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.167 dated
25.11.2022,, under Sections 458, 341, 323, 324, 506, 148, 149 IPC (offence
under Section 326 IPC added later on) registered at P
Police Station Dhanaula,
Tehsil and Distt. Barnala and all other consequential proceedings are quashed
qua the petitioner(s) on the basis of the compromise dated (Annexure P2),
subject to payment of Rs.10,000/-
Rs.10,000/ to be deposited in the Poor Patient Welfare
Fund, PGIMER, Chandigarh within a period of one month.
9. Pending miscellaneous application(s), if any, also stands disposed
of.
( KIRTI SINGH)
November 12, 2024 JUDGE
ritu
Whether speaking/reasoned
speaking/reasone Yes/No
Whether reportable: Yes/No
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