Shamsher Singh vs State Of Punjab And Others
2024 Latest Caselaw 16295 P&H

Punjab-Haryana High Court

Shamsher Singh vs State Of Punjab And Others on 5 September, 2024

Author: Kirti Singh

Bench: Kirti Singh

               CRM-M-16106-2024                                                                       1


               204
               IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                    CRM-M-16106-2024
                                                                    Date of Decision: 05.09.2024

               SHAMSHER SINGH
                                                                          .....Petitioner

                                                        Versus

               STATE OF PUNJAB AND OTHERS
                                                                          .....Respondents

               CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

               Present:        Mr. Hardik Ahluwalia, Advocate for the petitioner.

                               Mr. Ravinder Singh, AAG Punjab.

                               Ms. Ravinder Kaur Manaise, Advocate for respondents No.2 & 3.

                                                 ****
               KIRTI SINGH, J.(Oral)

This petition has been filed under Section 482 of Cr.P.C. is for

quashing of FIR No.4 dated 06.01.2011, under Sections 420, 467, 468, 471 IPC

registered at Police Station City Gurdaspur, District Gurdaspur along with all the

subsequent proceedings arising therefrom, on the basis of compromise dated

27.03.2024 (Annexure P-2).

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

file.

3. This Court vide order dated 04.04.2024, directed the parties to

appear before the Area Magistrate/trial Court for recording their statements with

regard to the compromise.

4. Pursuant to the aforesaid order, report dated 09.04.2024 has been

received from the Chief Judicial Magistrate, Gurdaspur. A perusal of the said

report reveals that statements of the concerned persons have been recorded in the

KAVITA NAIN 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.

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 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.4 dated

06.01.2011, under Sections 420, 467, 468, 471 IPC registered at Police Station

City Gurdaspur, District Gurdaspur and all other consequential proceedings are

quashed qua the petitioner on the basis of the compromise dated 27.03.2024

(Annexure P-2), subject to payment of Rs.10,000/- to be deposited in Poor

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

                                                                         (KIRTI SINGH)
               05.09.2024                                                    JUDGE
               Kavita Nain

                                          Whether speaking/reasoned?     Yes/No
                                          Whether reportable?            Yes/No