Punjab-Haryana High Court
Gursher Singh And Anr vs State Of Punjab And Anr on 25 September, 2024
Author: Kirti Singh
Bench: Kirti Singh
SPY & TRS EON. TD PRS
ott ogy RS = PORE
SUS BHR PDFS SS
CRM-M-19065-2024(O&M)
274
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-19065-2024(0&M)
Date of Decision: 25.09.2024
Gursher Singh and another
bases Petitioners
Versus
State of Punjab and another
seve Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Simranjeet Singh, Advocate for the petitioners.
Mr. Ravinder Singh, AAG, Punjab.
Ms. Priyanka Sharma, Advocate for respondent No.2.
3h 3 2 36
KIRTI SINGH, J.(Oral)
1. This petition has been filed under Section 482 of Cr.P.C. seeking
quashing of FIR No.44 dated 11.05.2020, under Sections 66(C) and 66(D) of
Information and Technology Act, 2000 and Sections 465 and 469 of Indian Penal
Code, 1860, registered at Police Station Sekhwan, District Gurdaspur with all
consequential proceedings arising therefrom, on the basis of compromise dated
19.12.2023 (Annexure P-2) arrived at between the parties.
2. Heard learned counsel for the parties and also gone through the case
file.
3. This Court vide order dated 26.04.2024, directed the parties to
appear before the trial Court/Duty Magistrate for recording their statements with
regard to the compromise.
4. Pursuant to the aforesaid order, report dated 14.05.2024 has been
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2024.09.26 1aesceived from the Judicial Magistrate Ist Class, Batala. A perusal of the said
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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 CrP.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
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2024.09.26 12:55
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CRM-M-19065-2024(O&M)
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.44 dated
11.05.2020, under Sections 66(C) and 66(D) of Information and Technology Act,
2000 and Sections 465 and 469 of Indian Penal Code, 1860, registered at Police
Station Sekhwan, District Gurdaspur and all other consequential proceedings are
quashed qua the petitioner on the basis of the compromise dated 19.12.2023
(Annexure P-2), subject to payment of Rs.10,000/- to be deposited in Poor
Patient Welfare Fund, PGIMER, Chandigarh.
(KIRTI SINGH)
25.09.2024 JUDGE
Kapil
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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2024.09.26 12:55
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