The central legal point established in the judgment is the power of the High Court to quash criminal proceedings based on compromise to prevent abuse of the process of law and secure the ends of justice.

JUDGMENT

Vikas Bahl, J. (Oral) - This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.279 dated 20.09.2019 registered under Sections 379 and 34 of the Indian Penal Code, 1860 (Section 411 of IPC has been added later on) at Police Station Bhawanigarh, District Sangrur (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise.

2. On 21.07.2022, this Court had passed the following order:-

'CRM-25339-2022 This is an application filed for grant of leave under Rule 3/A(1) of Chapter VI, Part B, Volume V of Punjab and Haryana High Court Rules and Orders to file the present petition.

In view of averments made in the application, the same is allowed and leave is granted under the aforesaid Rules and Orders to file the present petition.

Main case This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.279 dated 20.09.2019 registered under Sections 379 and 34 of the Indian Penal Code, 1860 (Section 411 of IPC has been added later on) at Police Station Bhawanigarh, District Sangrur (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise.

Learned counsel for the petitioners has submitted that all the persons concerned are party to the compromise.

Notice of motion for 10.08.2022.

On asking of the Court, Mr. Sarabjit S. Cheema, AAG, Punjab appears and accepts notice on behalf of the respondent-State.

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. '

3. In pursuance of the abovesaid order, a report has been submitted by the Judicial Magistrate Ist Class, Sangrur. The relevant portion of the said report is reproduced hereinbelow:-

'Accordingly, statements of the petitioners as well as that of complainant were recorded. Through the same, the parties stated in unison that they had entered into a compromise without any extraneous influence, coercion and on their own volition. The complainant/respondent stated in specific terms that he had no objection if the quashing proceedings filed by the petitioners/accused are accepted.

Both the parties were identified by their respective advocates. Parties to the compromise have shown their identity cards and photocopies of the same were taken on record. The same was owned up by the petitioners as well as respondent who submitted in unison that they had executed the compromise out of their own free volition. They were also identified their signatures upon the same.

Accordingly, on the basis of statement of parties to compromise, this Court is satisfied that aforesaid statement made by the parties are given voluntarily and their compromise has been arrived at without any coercion or undue influence from either side. The copies of the statements, identity cards are attached herewith.'

4. A perusal of the said report would show that the compromise has been found to be genuine, without any pressure or undue influence. It has been stated that the statements of the complainant as well as the accused have been recorded in the case and both have stated that the matter has been compromised and they have no objection in case the FIR is quashed. It is further stated that the statement of the complainant has been made voluntarily without any fear, coercion or pressure.

5. Learned counsel for the petitioners has submitted that the petitioners were not declared proclaimed offender in the present case