Avtar Singh And Others vs State Of Punjab And Others
2024 Latest Caselaw 17582 P&H

Citation : 2024 Latest Caselaw 17582 P&H
Judgement Date : 23 September, 2024

Punjab-Haryana High Court

Avtar Singh And Others vs State Of Punjab And Others on 23 September, 2024

Author: Kirti Singh

Bench: Kirti Singh

           CRM-M-37558-2024                                                            1

           278
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                   CRM-M-37558-2024
                                                                   Date of Decision : 23.09.2024

           AVTAR SINGH AND OTHERS

                                                                         .....Petitioners

                                                       Versus
           STATE OF PUNJAB AND OTHERS

                                                                         .....Respondents

           CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

           Present:            Mr. Vijay Lath, Advocate
                               for the petitioners.

                               Mr. Randhir Singh Thind, DAG, Punjab.

                    Mr. Vikrant Koundal, Advocate for
                    Mr. Surinder Sharma, Advocate
                    for respondents No. 2 & 3.
                                              ****
           KIRTI SINGH, J.(Oral)

The present petition has been filed under Section 528 of BNSS, 2023

is for quashing of FIR No.0137 dated 25.05.2024 under Sections 379, 447, 511,

427 of IPC registered at Police Station Kharar, District SAS Nagar (Mohali)

(Annexure P-1) along with all the subsequent proceedings arising therefrom, on the

basis of compromise dated 29.07.2024 (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

05.08.2024, 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 13.09.2024 has been

received from the Judicial Magistrate Ist Class, Kharar, SAS Nagar. 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 the complainant has 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 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.0137 dated

25.05.2024 under Sections 379, 447, 511, 427 of IPC registered at Police Station

Kharar, District SAS Nagar (Mohali) (Annexure P-1) and all other consequential

proceedings are quashed qua the petitioners on the basis of the compromise dated

29.07.2024 (Annexure P-2), subject to payment of Rs.10,000/- to be deposited in

Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one

month.