Punjab-Haryana High Court
Gurpreet Singh And Another vs State Of Punjab And Another on 12 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:147795
1
CRM-M-41374--2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-41374
41374-2024
Date of decision: November 12, 2024
GURPREET SINGH AND ANOTHER
....Petitioners
VERSUS
STATE OF PUNJAB AND ANOTHER
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:-Mr. Shubham Mehta,, Advocate for the petitioners.
Mr. Kamalpreet Bawa, AAG, Punjab.
Mr. Vivek Singla, Advocate for
respondent
espondent no. 2.
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 528 BNSS, 2023
for quashing of cross version registered vide G.D No. 40 dated 25.11.2022
25.11.2022,,
under Sections 341, 323, 324, 34 IPC (Section 326 IPC added later on vide DDR
No.33 dated 19.12.2022) registered at Police Station Dhanaula, Tehsil and Distt.
Barnala in FIR No.167
No. dated 25.11.2022,, under Sections 458, 341, 323, 324,
506, 148, 149 IPC (offence under Section 326 IPC added la
later on vide DDR
No.33 dated 19.12.2022)
19.12.2022 registered at Police Station Dhanaula, Tehsil and 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 motion vide order dated
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CRM-M-41374--2024
28.08.2024,, directed the parties to appear before the trial Court/Illaqa Magistrate
for recording their statements with regard to the compromi
compromise.
4. Pursuant to the aforesaid order, report dated 19.09.2024 has been
received from the Additional Chief Judicial Magistrate, Barnala
Barnala.. A perusal of the
said report reveals that statements of the concerned persons have been recorded
in the present case,
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 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 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
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CRM-M-41374--2024
a criminal proceeding or FIR or compla
complaint
int 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 ex
exercised
ercised in
accordance 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.
7. In view of the afore-referred
afore referred judgments, perusing the report of the
trial Court regarding amicable
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. Cross version
registered vide G.D
G No. 40 dated 25.11.2022,, under Sections 341, 323, 324, 34
IPC (Section 326 IPC added later on vide DDR No.33 dated 19.12.2022)
registered at Police Station Dhanaula, Tehsil and Distt. Barnala in FIR No.167
dated 25.11.2022,
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. Barnala and all other consequential proceedings are
quashed qua the petitioner(s) on the basis of the compromise dated (Annexur
(Annexuree
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CRM-M-41374--2024
P3), subject to payment of 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 Yes/No
Whether reportable: Yes/No
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