Punjab-Haryana High Court
Teja Singh Alias Gurtej Singh vs State Of Punjab And Another on 28 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:141740
CRM-M-30778-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.278 CRM-M-30778-2024 (O&M)
Date of decision : 28.10.2024
Teja Singh @ Gurtej Singh ..... Petitioner
VERSUS
State of Punjab and another ..... Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Rishav Jain, Advocate, for the petitioner.
Mr. Akshay Kumar, AAG, Punjab.
Mr. Lalit Goyal, Advocate, for respondent No.2.
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 482 Cr.P.C.
for quashing of FIR No.70 dated 04.06.2024, under Section 304-A IPC
registered at Police Station Kotbhai, District Sri Muktsar Sahib and all other
consequential proceedings arising therefrom on the basis of the compromise
dated 17.06.2024 (Annexure P2) and affidavit (Annexure P3) .
2. Brief facts of the case are that the accused-petitioner was an
employee of gas-cylinder agency and he visited house of the complainant
pursuant to a complaint raised by the complaint. Allegedly, after making
some repair, the accused-petitioner tried to check the working of gas stove
which led to outbreak of fire and caused burn injuries on the person of the
wife and son of the complainant which led to death of the wife of the
complainant.
3. Learned counsel for the petitioner contends that the petitioner
was a merely an employee of the gas agency and he was doing his job as per
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Neutral Citation No:=2024:PHHC:141740
the instructions received pursuant to the complaint by the complainant and
no act of negligence has been alleged by the complainant in the FIR. Thus,
offence under Section 304-A IPC is not made out.
4. Heard learned counsel for the parties and also gone through the
case file.
5. This Court vide order dated 30.09.2024, directed the parties to
appear before the trial Court/Illaqa Magistrate for recording their statements
with regard to the compromise.
6. Pursuant to the aforesaid order, report dated 21.10.2024 has
been received from the Judicial Magistrate 1st Class, Gidderbaha. 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.
7. 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.
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8. 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. "
9. In view of the 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.
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Neutral Citation No:=2024:PHHC:141740
10. Resultantly, the present petition is allowed and FIR No.70 dated
04.06.2024, under Section 304-A IPC registered at Police Station Kotbhai,
District Sri Muktsar Sahib and all other consequential proceedings are
quashed qua the petitioner on the basis of the compromise dated 17.06.2024
(Annexure P2) and affidavit (Annexure 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.
11. Pending miscellaneous application(s), if any, also stands disposed of.
(KIRTI SINGH)
JUDGE
28.10.2024
Ramandeep Singh
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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