Jaskaran Singh Alias Komal vs State Of Punjab And Another
2024 Latest Caselaw 16449 P&H

Citation : 2024 Latest Caselaw 16449 P&H
Judgement Date : 6 September, 2024

Punjab-Haryana High Court

Jaskaran Singh Alias Komal vs State Of Punjab And Another on 6 September, 2024

Author: Kirti Singh

Bench: Kirti Singh

                                      Neutral Citation No:=2024:PHHC:117238




CRM-M-32964-2024                                                        1

228
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                    CRM-M-32964-2024
                                                    Date of Decision : 06.09.2024

Jaskaran Singh @ Kamal

                                                          .....Petitioner

                                      Versus
State of Punjab and another

                                                          .....Respondents

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:    Mr. Vikasdeep Singh, Advocate
            for the petitioner

            Mr. Ravinder Singh, AAG Punjab

            Mr. Raghav Soni, 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.17, dated 02.02.2019, registered under Sections 420, 406 IPC

and Section 24 of Emigration Act at Police Station Garhshankar, District

Hoshiarpur (Annexure P-1) and all other consequential proceedings arising

therefrom on the basis of the compromise dated 14.08.2023 (Annexure P-2).

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

15.07.2024, 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 31.07.2024 has been

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Neutral Citation No:=2024:PHHC:117238

received from the Sub Divisional Judicial Magistrate, Garhshankar. 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

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 2 of 3

Neutral Citation No:=2024:PHHC:117238

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 petitioners 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.17, dated

02.02.2019, registered under Sections 420, 406 IPC and Section 24 of Emigration

Act at Police Station Garhshankar, District Hoshiarpur (Annexure P-1) and all

other consequential proceedings are quashed qua the petitioner on the basis of the

compromise dated 14.08.2024 (Annexure P-2), subject to the costs of Rs. 10,000/-

to be deposited in the Poor Patient Welfare Fund, PGIMER, Chandigarh

within one month.