Ankit Dhawan And Another vs State Of Punjab And Others
2024 Latest Caselaw 20361 P&H

Punjab-Haryana High Court

Ankit Dhawan And Another vs State Of Punjab And Others on 18 November, 2024

Author: Kirti Singh

Bench: Kirti Singh

                                     Neutral Citation No:=2024:PHHC:150318



CRM-M-42331-2023


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            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
286
                                                    CRM-M-42331-2023
                                                    Date of decision: 18.11.2024


ANKIT DHAWAN AND ANOTHER                                           ....Petitioners



                               Versus



STATE OF PUNJAB AND OTHERS                                         ...Respondents



CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present :   Mr. Sahil Gambhir Advocate
            for the petitioners.

            Mr. Kamalpreet Bawa, AAG, Punjab.

            Mr. A.S. Mann, Advocate for respondents No.2 to 4.


KIRTI SINGH. J.(Oral)

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

quashing of FIR No.0129 dated 02.05.2020, under Sections 308, 284 and 336 IPC

registered at Police Station Sultanpur Lodhi, District Kapurthala and all other

consequential proceedings arising therefrom on the basis of the compromise dated

09.05.2023 (Annexure P-3).

2. Learned counsel for the petitioners submits that the allegations

against the petitioners are that two/three women became unconscious due to gas

leak from the ice factory owned by the petitioners. He further submits that the

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alleged gas leak was unintentional and same was beyond their control and

knowledge and it happened despite due care and maintenance by them.

3. Heard learned counsel for the parties and also gone through the case

file.

4. This Court vide order dated 15.10.2024, directed the parties to appear

before the trial Court/Illaqa Magistrate for recording their statements with regard

to the compromise.

5. Pursuant to the aforesaid order, report dated 07.11.2024 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.

6. 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.

7. 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

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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 com-

promise 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 com- pounding 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. "

8. In view of the afore-referred judgments, perusing the report of the

trial Court regarding amicable settlement between the petitioner(s) and the com-

plainant, this Court finds that quashing the FIR will accord a quietus to all dis-

putes 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.

9. Resultantly, the present petition is allowed and FIR No.0129 dated

02.05.2020, under Sections 308, 284 and 336 IPC registered at Police Station Sul-

tanpur Lodhi, District Kapurthala and all other consequential proceedings are

quashed qua the petitioner(s) on the basis of the compromise dated 09.05.2023

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(Annexure P-3), subject to payment of costs of Rs.10,000/- to be deposited in the

Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month.

10. Pending miscellaneous application(s), if any, also stands disposed of.

                                                         (KIRTI SINGH)
18.11.2024                                                  JUDGE
amandeep
             Whether speaking/reasoned.              :     Yes/No
             Whether Reportable.                     :     Yes/No




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