Punjab-Haryana High Court
Akashdeep Singh vs State Of Punjab And Another on 20 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:151704
CRM-M-58477-2023
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
280
CRM-M-58477-2023
Date of decision: 20.11.2024
AKASHDEEP SINGH ....Petitioner
Versus
STATE OF PUNJAB AND ANOTHER ...Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present : None for the petitioner.
Mr. Kamalpreet Bawa, AAG, Punjab.
Mr. Kamal Gupta, 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 FIR No.0051 dated 30.05.2017, under Sections 325, 323, 506,149 and
379-B IPC registered at Police Station Cantt Bathinda, District Bathinda and all
other consequential proceedings arising therefrom on the basis of the compromise
dated 11.08.2023 (Annexure P2).
2. Heard learned counsel for the parties and also gone through the case
file.
3. This Court vide orders dated 29.07.2024 and 26.09.2024, 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 30.10.2024 has been
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received from the Additional District and Sessions Judge, Bathinda. 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.
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 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.
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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. "
7. 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.
8. Resultantly, the present petition is allowed and FIR No.0051 dated
30.05.2017, under Sections 325, 323, 506,149 and 379-B IPC registered at Police
Station Cantt Bathinda, District Bathinda and all other consequential proceedings
are quashed qua the petitioner(s) on the basis of the compromise dated 11.08.2023
(Annexure P2), 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.
9. Pending miscellaneous application(s), if any, also stands disposed of.
(KIRTI SINGH)
20.11.2024 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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