The High Court's power under Section 482 Cr.P.C. to quash criminal proceedings involving non-heinous offences, even post-conviction, to secure the ends of justice.

JUDGMENT

Vikas Bahl, J. (Oral). - This is a petition under Section 482 Cr.P.C. for quashing of cross version (Annexure P-2) recorded in case FIR No. 10 dated 20.01.2013 under Sections 324, 323 and 34 of the Indian Penal Code,1860 (Section 326 IPC added later on) registered at Police Station Nathana, District Bathinda (Annexure P-1) and all subsequent proceedings arising therefrom including the judgment and order of conviction dated 01.12.2018 (Annexure P-3) on the ground that the matter has been compromised (Annexure P-4).

2. On 06.02.2020, a Coordinate Bench of this Court was pleased to pass the following order:-

'Present petition under Section 482 Cr.P.C. is for quashing of Cross Version recorded in case F.I.R. No.10 dated 20.01.2013 under Sections 323 and 324 IPC read with Section 34 IPC (offence under Section 326 IPC added lateron), Police Station Nathana, District Bathinda and all other consequential proceedings arising there from and for setting aside of judgment of conviction and order of sentence dated 01.12.2018, on the basis of compromise dated 02.01.2019 (Annexure P/4) arrived at between petitioners and respondents No.2 and 3.

Notice of motion.

Mr. Harpreet Singh Multani, Assistant Advocate General, Punjab, accepts notice on behalf of respondent No.1-State and seeks time to place on record report, if any. At this juncture, Mr. Mukesh Kumar Bhatnagar,

Advocate has appeared on behalf of respondents No.2 and 3 and filed Power of Attorney, which is taken on record. Complete copy of paperbook be supplied to learned State counsel and learned counsel for respondents No.2 and 3 during course of the day.

Learned counsel for respondents No.2 and 3 affirmed the factum of compromise (Annexure P/4).

Let the parties appear before Appellate Court concerned on 28.02.2020 for getting their statements recorded with regard to the compromise. Appellate Court is directed to report on t following points:

(i) how many total accused are in the case,

(ii) whether any of the accused was declared proclaimed offender at any stage,

(iii) status/stage of the case,

(iv) to record the statements of all the concerned parties with regard to the genuineness and validity or otherwise of the compromise.

(v) to record the statement of Investigating Officer with regard to points No.(i), (ii) and (iii) as above.

Report be sent through District and Sessions Judge, before the next date of hearing.

Adjourned to 26.03.2020.

Sd/- 06.02.2020 (Lalit Batra) Judge'

3. Then subsequently on 29.03.2022, following order was passed by this Court:-

'These are two petitions, one petition, i.e. CRM- M-20450-2019 has been filed for quashing of FIR no.10 dated 20.01.2013 and the subsequent proceedings arising therefrom and the second petition, i.e. CRM-M- 20712-2019 has been filed for quashing of cross version in FIR no.10 dated 20.01.2013 and the subsequent proceedings arising therefrom. In both cases, the directions were given that statements of parties be recorded and report was to be sent. A perusal of the record shows that the Additional Sessions Judge, Bathinda, has submitted his report with respect to FIR no.10 dated 20.01.2013 but has not submitted his report with respect to cross version/DDR in FIR no.10 dated 20.01.2013.

The trial Court is directed to submit its report even with respect to DDR in FIR no.10 dated 20.01.2013.

Adjourned to 19.04.2022.

A photocopy of this order be placed on the file of other connected case.'

4. In pursuance of the said order, a report has been submitted by the Additional Sessions Judge, Bathinda to the Registrar General of this Court. The relevant portion of the said report is reproduced hereinbelow:-

'(i) In pursuance of the direction given by Hon'ble Punjab and Haryana High Court, the undersigned recorded the statements of complainant Balraj Singh, injured Hardev Singh as well as that of accused Bhan Singh, Gurjit Singh and SI Bikkar Singh, Investigating Officer qua compromise and other related points.

Apart from the accused namely Bhan Singh and Gurjit Si