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2022 Supreme(P&H) 953

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Jaswinder Singh & Ors. – Appellants
Versus
State Of Punjab & Ors. – Respondents
CRM-M-10590-2022
Decided On : 11-05-2022

Advocates:
Mr. Rishu Mahajan, Advocate, for the Appellant; Mr. Sukhbeer Singh, AAG, Punjab. Mr. Vikas Bishnoi, Advocate, for the Respondent.

The High Court has the inherent power to quash criminal proceedings to prevent the abuse of the process of law or to secure the ends of justice, not confined to matrimonial disputes alone.

Headnote:

Section 482 Cr.P.C. - Quashing of FIR - Indian Penal Code,1860 - 307, 452, 323, 324, 148, 149 - High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court is of the opinion that the same is required to prevent the abuse of the process of law or otherwise to secure the ends of justice. The power of quashing is not confined to matrimonial disputes alone. Inherent power can be used by the Court to quash criminal proceedings in which a compromise has been effected.

Fact of the Case:

The petition was filed under Section 482 of Cr.P.C. for quashing of FIR No. 09 dated 14.01.2016 under Sections 307, 452, 323, 324, 148 and 149 of the Indian Penal Code,1860. The matter was amicably settled between the petitioners and the complainant, and the parties decided to live in peace. The Court found that the criminal proceedings deserved to be quashed to secure the ends of justice.

Finding of the Court:

The Court found that the matter had been amicably settled between the parties and the FIR deserved to be quashed to secure the ends of justice. The Court referred to the Full Bench judgment in 'Kulwinder Singh and others Vs State of Punjab' and the case of 'Gian Singh Vs. State of Punjab and another' to support its decision.

Issues: Quashing of FIR under Section 482 Cr.P.C., Compounding of non-compoundable offence, Abuse of process of law, Securing the ends of justice

Ratio Decidendi: The High Court has the power to quash criminal proceedings to prevent the abuse of the process of law or to secure the ends of justice, not confined to matrimonial disputes alone. Inherent power can be used to quash criminal proceedings in which a compromise has been effected.

Final Decision: The petition is allowed, and FIR No. 09 dated 14.01.2016 under Sections 307, 452, 323, 324, 148 and 149 of the Indian Penal Code,1860, and all subsequent proceedings arising on the basis of the compromise, are ordered to be quashed, qua the petitioners.

JUDGMENT

Vikas Bahl, J. (Oral) - This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 09 dated 14.01.2016 under Sections 307, 452, 323, 324, 148 and 149 of the Indian Penal Code,1860 registered at Police Station Basti Bawa Khel, Jalandhar (Annexure P-1) and all subsequent proceedings arising on the basis of the compromise.

2. On 14.03.2022, this Court was pleased to pass the following order:-

    "This is a petition filed under Section 482 of Cr.P.C. for quashing of FIR No.9 dated 14.01.2016 registered under Sections 307/452/323/324/148/149 of the Indian Penal Code, 1860 at Police Station Basti Bawa Khel, District Jalandhar (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, offence under Section 307 of IPC is not made out inasmuch as in the FIR itself, said Section has been added and there is no opinion of the Doctor declaring any injuries to be dangerous to life.

    Notice of motion for 06.04.2022.

    On asking of the Court, Mr. Sarabjit S. Cheema, AAG, Punjab appears and accepts notice on behalf of the respondent-State and Mr. Vikas Bishnoi, Advocate appears on behalf of respondent Nos.2 and 3.

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

    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. Subsequently, when the parties did not appear before the trial Court in pursuance of the abovesaid order, then on 06.04.2022, this Court was pleased the pass the following order:

      "Learned counsel for the petitioners has submitted that one last opportunity be granted to the parties to appear before the Illaqa Magistrate/trial Court and for the same he prays for 15 days time.

      Adjourned to 11.05.2022.

      The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 15 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 parties have not appeared before the Illaqa Magistrate/trial Court in spite of giving direction vide order dated 14.03.2022, 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 Bar Clerks Association, Punjab and Haryana High Court, Chandigarh, within a period of 10 days from today. It is made clear that if the said amount is not deposited within the stipulated period of time, then the present petition would be deemed to have been dismissed."

      4. Learned counsel for the petitioner has produced a receipt to the tune of Rs.5,000/- which has been deposited in the Bar Clerks Association, Punjab and Haryana High Court, Chandigarh, on 16.04.2022 in pursuance of the above order.

      5. In pursuance of the above reproduced order, a report has been submitted by the Additional Sessions Judge, Jalandhar to the Assistant Registrar (General) of this Court. The relevant portio

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