The court established the principle that inherent power can be used to quash criminal proceedings where a compromise has been effected, in order to secure the ends of justice or to prevent the abuse of the process of the court.

JUDGMENT

Vikas Bahl, J. (Oral) - This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.237 dated 31.12.2021 registered under Sections 406, 420 and 120-B of the Indian Penal Code, 1860 at Police Station Mukerian, Tehsil Mukerian and Hoshiarpur (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise.

2. On 20.07.2022, this Court had passed the following order:-

'This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.237 dated 31.12.2021 registered under Sections 406, 420 and 120-B of the Indian Penal Code, 1860 at Police Station Mukerian, Tehsil Mukerian and Hoshiarpur (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise.

Learned counsel for the petitioners has submitted that in the present case, there are three accused persons, out of which, two of the accused persons i.e. the present petitioners have filed the present petition and thus, the present case is a case of partial compromise and has relied upon judgment passed by the Hon'ble Supreme Court in Jayrajsinh Digvijaysinh Rana Vs. State of Gujarat and another, reported as 2012(12) SCC 401 to contend that even in case of a partial compromise, FIR can be quashed qua the accused with whom the compromise has been effected Notice of motion for 17.08.2022.

On asking of the Court, Mr. Sarabjit S. Cheema, AAG, Punjab appears and accepts notice on behalf of the respondent-State and Mr. Mayank Gupta, Advocate appears on behalf of respondent Nos.2 to 4.

The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 10 days.

The Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the following information:-

1. Number of persons arrayed as accused.

2. Whether any accused is proclaimed offender?

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence?

4. Whether the accused persons are involved in any other FIR or not?

5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR. Thereafter, the parties had moved an application, since they could not appear before the trial Court on the date mentioned in the abovesaid order, thus, they had sought one more opportunity to appear before the trial Court and the same was granted vide order dated 17.08.2022 passed by this Court. The said order dated 17.08.2022 is reproduced hereasunder:-

'Learned counsel for the parties has submitted that one last opportunity be granted to the parties to get their statements recorded before the Illaqa Magistrate/trial Court.

Adjourned to 27.09.2022.

The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 28 days from today.

The Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the following information:-

1. Number of persons arrayed as accused.

2. Whether any accused is proclaimed offender?

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence?

4. Whether the accused persons are involved in any other FIR or not?

5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR.

However, since the statement of the parties could not be recorded before the Illaqa Magistrate/trial Court in spite of the direction given vide order dated 20.07.2022, thus, the abovesaid opportunity is granted, subject to the payment of costs of Rs.5,000/- which shall be deposited by the petitioners in the 'Punjab and Haryana High Court Employees Welfare Association Fund', within a period of 28 days from today.'

3. In pursuance of the abovesaid order, a report has been submitted by the Sub Divisional Judicial Magistrate, Mukerian.