Punjab-Haryana High Court
Avtar Kishan Alias Avtar Krishan And ... vs State Of Punjab And Another on 28 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:141733
CRM-M-45494-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.286 CRM-M-45494-2024 (O&M)
Date of decision : 28.10.2024
Avtar Kishan @ Avtar Krishan and others ..... Petitioners
VERSUS
State of Punjab and another ..... Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Sansar Jindal, Advocate for
Mr. Rajat Dogra, Advocate, for the petitioners.
Mr. Akshay Kumar, AAG, Punjab.
Mr. Nishant Sehgal, Advocate, for respondent No.2.
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 528 of BNSS,
2023 for quashing of FIR No.157 dated 22.09.2016, under Sections 452,
324, 323, 506, 148 & 149 IPC registered at Police Station Kamboj, District
Amritsar Rural and all other consequential proceedings arising therefrom on
the basis of the compromise dated 23.07.2024 (Annexure P2).
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
12.09.2024, 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 03.10.2024 has
been received from the Civil Judge (Jr. Divn.)-cum-Judicial Magistrate 1st
Class, Amritsar. A perusal of the said report reveals that statements of the
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Neutral Citation No:=2024:PHHC:141733
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 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.
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Neutral Citation No:=2024:PHHC:141733
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 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.157
dated 22.09.2016, under Sections 452, 324, 323, 506, 148 & 149 IPC
registered at Police Station Kamboj, District Amritsar Rural and all other
consequential proceedings are quashed qua the petitioners on the basis of the
compromise dated 23.07.2024 (Annexure P2), 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)
JUDGE
28.10.2024
Ramandeep Singh
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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