The main legal point established in the judgment is that when parties have entered into a compromise, the court may quash criminal proceedings to secure the ends of justice and prevent abuse of the court process.

JUDGMENT

Rajesh Bhardwaj, J. (Oral). - Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

Instant petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.026, dated 05.02.2019, under Sections 323, 365, 427, 506, 342, 148 and 149 IPC, registered at Police Station Sadar, District Ferozepur, and all the subsequent proceedings arising therefrom on the basis of compromise dated 28.04.2021/10.05.2021 (Annexure P-2).

FIR in question was got registered by complainant-respondent No.2 and the investigation commenced thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Compromise, annexed as Annexure P-2. On the basis of the compromise, the petitioners are invoking the inherent power of this Court by praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.

This Court vide orders dated 01.07.2021 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements, as contended before the Court, and the trial Court/Illaqa Magistrate was also directed to send its report.

In pursuance of the same, learned Judicial Magistrate Ist Class, Ferozepur, sent his report dated 20.08.2021 to this Court. With the report he has also annexed the original statements of complainant Dano Bai, Ashok Kumar, joint statement of the petitioners/accused Resham Singh, Kashmir Singh, Darshan Singh and Gurnam Singh and also statement of ASI Gurmej Singh, recorded on 17.08.2021. On the basis of the statements, learned JMIC, Ferozepur has concluded in the report that it appears that the parties have entered into a compromise voluntarily without any pressure or coercion and none of the petitioners was declared Proclaimed Offender in the present case.

I have heard learned counsel for the parties, perused the record and the report sent by learned Judicial Magistrate Ist Class, Ferozepur.

A bare perusal of statutory provision of the 482 Cr.P.C. would show that the High Court may make such orders, as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Section 320 Cr.P.C. is equally relevant for consideration, which prescribes the procedure for compounding of the offences under the Indian Penal Code.

Keeping in view the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, the continuation of criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a number of cases including Narinder Singh and others Versus State of Punjab and another, 2014 (6) SCC 466; B.S.Joshi and others vs State of Haryana and another (2003) 4 Supreme Court Cases 675 followed by this Court in Full Bench case of Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR 1052 have dealt with the proposition involved in the present case and settled the law.

Thereafter, Hon'ble Supreme Court in Gian Singh vs State of Punjab and another (2012) 10 Supreme Court Cases 303 further dealt with the issue and the earlier law settled by the Supreme Court for quashing of the FIR in State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC 335. Para 61 of the judgment reads as under:-

“61. 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 w