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2022 Supreme(P&H) 324

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajesh Bhardwaj, J.
Harjit Singh & Ors. – Appellants
Versus
State Of Punjab & Anr. – Respondents
CRM-M-39006-2019(O&M)
Decided On : 20-07-2022

Advocates Appeared:
Mr. Sukhjit Singh, Advocate, for the Appellant; Mr. Rakeshinder Singh Sidhu, A.A.G., Punjab. Respondent no.2 in person with Mr. Arjun Veer Sharma, Advocate, for the Respondent

The court's decision emphasized the importance of considering the nature of the offenses, the voluntary compromise between the parties, and the objective of securing the ends of justice in exercising the power to quash criminal proceedings.

Headnote:

Section 482 Cr.P.C. - Quashing of FIR - 420, 406, 498-A IPC - 482 Cr.P.C., 320 Cr.P.C. - The court quashed the FIR and subsequent proceedings based on the compromise between the parties. The court referred to various judicial precedents including Narinder Singh and others Versus State of Punjab and another, B.S.Joshi and others vs State of Haryana and another, and Gian Singh vs State of Punjab and another to support its decision.

Fact of the Case:

The petition was filed under Section 482 Cr.P.C. seeking to quash FIR No.10 dated 2.10.2018 under Sections 420, 406, 498-A IPC. The parties had reached a settlement, and the petitioners argued that continuation of the proceedings would be an abuse of the court's process.

Finding of the Court:

The court found that the parties had voluntarily entered into a compromise and that the continuation of the criminal prosecution would be futile. The court referred to relevant statutory provisions and judicial precedents to support its decision.

Issues: The main issue was whether the FIR and subsequent proceedings should be quashed based on the compromise between the parties.

Ratio Decidendi: The court relied on the statutory provision of Section 482 Cr.P.C. and Section 320 Cr.P.C. along with judicial precedents to quash the FIR and subsequent proceedings due to the parties' compromise.

Final Decision: The court allowed the petition and quashed the FIR and subsequent proceedings based on the compromise between the parties.

JUDGMENT

Rajesh Bhardwaj, J (Oral). - Instant petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.10 dated 2.10.2018 under Sections 420, 406, 498-A IPC registered at Police Station Women, District Ludhiana (Rural) and all the subsequent proceedings arising therefrom on the basis of the compromise (Annexure P-2).

2. Learned counsel for the petitioners has handed over a demand draft of Rs.3,50,000/- to respondent no.2, who is present in person.

3. 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 the compromise(Annexure P-2). On the basis of the same, 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.

4. This Court vide orders dated 19.7.2021 directed the parties to appear before the Illaqa/Duty Magistrate for recording their statements, as contended before the Court, and the Illaqa/Duty Magistrate was also directed to send its report.

5. In pursuance of the same, learned JMIC, Jagraon sent her report dated 6.9.2021 to this Court. With the report she has also annexed the original statement of complainant Paramjit Kaur joint statement of all the petitioners recorded on 25.8.2021. On the basis of the statements, learned JMIC, Jagraon has concluded in the report that it appears that the parties have entered into a compromise voluntarily and that there is no other accused in the present case and accused have not been declared Proclaimed Offender.

6. Learned counsel for the petitioners submits that in view of the compromise arrived at, the parties have also filed a petition under section 13-B of Hindu Marriage Act which is pending consideration before the Family Court, Jagraon for recording the second motion statement on 23.8.2022.

7. I have interacted with learned counsel for the parties. They submit that both the parties would appear before the Family Court on 23.8.2022 for recording their second motion statement.

8. I have heard learned counsel for the parties, perused the record and the report sent by learned JMIC, Jagraon.

9. 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.

10. 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.

11. 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 juris

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