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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Sunil Verma & Ors. – Appellants
Versus
Union Territory, Chandigarh & Anr. – Respondents
CRM-6640-2022 in/and CRM-M-42352-2019 (O&M)
Decided On : 03-03-2022
Section 482 - Preponement of Hearing - Indian Penal Code, 1860, Section 341, 307, 34 - The court allowed the preponement of the date of hearing in the main case under Section 482 of Cr.P.C. based on the compromise between the parties. The court found the compromise to be genuine and voluntary, and quashed the criminal proceedings under the relevant sections of the Indian Penal Code, 1860.
Fact of the Case:
The application was filed under Section 482 of Cr.P.C. for preponement of the date of hearing in the main case based on a compromise between the parties. The court allowed the application and preponed the date of hearing for final disposal.
Finding of the Court:
The court found that the matter had been amicably settled between the petitioner and the complainant, and decided to quash the criminal proceedings based on the genuine and voluntary compromise.
Issues: The issues involved the preponement of the date of hearing in the main case and the quashing of criminal proceedings under the relevant sections of the Indian Penal Code, 1860 based on the compromise between the parties.
Ratio Decidendi: The court relied on the Full Bench judgment in 'Kulwinder Singh and others Vs State of Punjab' and the Apex Court judgment in 'Gian Singh Vs. State of Punjab and another' to exercise its inherent power under Section 482 of Cr.P.C. to quash the criminal proceedings based on the genuine compromise to secure the ends of justice and prevent the abuse of the process of law.
Final Decision: The court allowed the application, preponed the date of hearing, and quashed the criminal proceedings under the relevant sections of the Indian Penal Code, 1860 based on the compromise between the parties.
JUDGMENT
Vikas Bahl, J. (Oral). - CRM-6640-2022
This is an application filed under Section 482 of Cr.P.C. for preponement of the date of hearing in the main case which is now stated to be listed for 23.09.2022 to an early date.
Learned counsel for the applicant-petitioners has submitted that the present matter has been compromised and the statements of the parties have already been recorded.
Notice in the application.
On advance notice, Mr. Amit Kumar Goyal, APP, UT Chandigarh, appears and accepts notice on behalf of the non-applicant/UT Chandigarh and Mr. Prateek Sodhi, Advocate appears on behalf of non- applicant/respondent No.2 and have submitted that they have no objection in case the present application is allowed and the date of hearing in the main case is preponed from 23.09.2022 to today itself for final disposal.
In view of the aforesaid facts and no objection from the opposite side, the present application is allowed and the date of hearing in the main case is preponed from 23.09.2022 to today and the same is taken on Board today itself for final disposal.
Main case
1. This is a petition under Section 482 of Cr.P.C. for quashing of FIR No. 165 dated 22.06.2016 registered under Sections 341, 307, 34 of the Indian Penal Code, 1860 at Police Station Sector 39, Chandigarh and all the subsequent proceedings arising therefrom on the basis of compromise.
2. On 01.04.2021, a Coordinate Bench of this Court was pleased to pass the following order:-
"The case has been taken up for hearing through video conferencing.
CRM-9234-2021
Respondent No.2 has filed the present application for preponement of the date i.e. 12.05.2021 fixed in case CRM- M-42352-2019.
Learned Counsel for the petitioners and State Counsel have no objection if the application is allowed.
In view of the reasons mentioned in the application and no objection, the application is allowed and the main case is pre-poned to today itself.
CRM-M-42352-2019 (O&M)
The petitioners have filed present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 165 dated 22.06.2016 registered under Sections 307 and 341 read with Section 34 of the Indian Penal Code, 1860 at Police Station Sector 39, Chandigarh and all subsequent proceedings arising therefrom on the basis of compromise dated 21.09.2019.
Learned Counsel for respondent No.2 admits the factum of compromise.
Accordingly, the private parties are directed to appear before the trial Court/Illaqa Magistrate on 08.04.2021 or any other date convenient to the Court for recording their statements with regard to compromise/settlement. The trial Court/Illaqa Magistrate is directed to submit a report before 12.05.2021 containing the following information:- 1. Number of persons arrayed as accused in FIR. 2. Whether any of the 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 case or not. 5. Current stage of the case.
The trial Court/Illaqa Magistrate is further directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR.
The trial Court/Illaqa Magistrate is also directed to send the report in time so as to reach this Court before the date of hearing fixed.
Reply to the petition by respondent No.1-U.T., Chandigarh, if any, be filed on the date of hearing fixed, if so desired.
01.04.2021 Sd/- (ARUN KUMAR TYAGI) JUDGE "
3. In pursuance of the abovesaid order, a report has been submitted by the Additional Sessions Judge, Chandigarh. The relevant portion of the said report is reproduced hereinbelow:-
"In this regard, it is humbly submitted that on 08.04.2021 statements of complainant Dinesh Midha and the accused persons recorded. On 12.04.2021 statement of the Investigating Officer also recorded. (Photocopies of the statements enclosed). It is further submitted that there are four persons arrayed as: accused. None of them is Proclaimed O
The court can exercise its inherent power under Section 482 of Cr.P.C. to quash criminal proceedings based on a genuine compromise to secure the ends of justice and prevent the abuse of the process o....
The court has the power under Section 482 of Cr.P.C. to quash criminal proceedings where a compromise has been effected, in order to prevent the abuse of the process of law and to secure the ends of ....
The court's decision was based on the provisions of Section 482 of the Code of Criminal Procedure (CPC) and the compliance with the order to record the parties' statements regarding a compromise.
When the parties have entered into a compromise, the continuation of the proceedings would be an abuse of the process of the Court, and quashing the FIR would secure the ends of justice.
The power of the High Court to quash criminal proceedings under Section 482 of Cr.P.C. should be exercised to secure the ends of justice and prevent the abuse of the process of any Court. Serious and....
The wide ambit of the inherent power of the High Court under Section 482 of Cr.P.C. to prevent an abuse of the process of any court or to secure the ends of justice, and the principles governing the ....
The court's decision established the wide plenitude of the court's inherent power under Section 482 Cr.P.C. to quash criminal proceedings, considering the nature of the offenses and the genuineness o....
The power to quash a criminal proceeding should be exercised to secure the ends of justice and prevent abuse of the court's process, as established by judicial precedents.
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