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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Jeewanjyot Singh @ Jugnu – Appellant
Versus
State Of Punjab & Anr. – Respondents
CRM-15804-2022 in/and CRM-M-48719-2019 (O&M)
Decided On : 05-05-2022
Section 482 - Preponement of Hearing - Indian Penal Code, 1860 (Sections 307, 427, 120-B, 147, 148, 149, 34) and Arms Act (Sections 25, 54) - The court allowed the preponement of the date of hearing in the main case based on the compromise between the parties. The court found the compromise to be genuine and voluntary, leading to the quashing of the FIR and subsequent proceedings for the petitioner.
Fact of the Case:
The application was filed for preponement of the date of hearing in the main case based on a compromise between the parties. The court found the compromise to be genuine and voluntary, leading to the quashing of the FIR and subsequent proceedings for the petitioner.
Finding of the Court:
The court found that the matter had been amicably settled between the petitioner and the complainant, and in order to secure the ends of justice, the criminal proceedings deserved to be quashed.
Issues: The main issue was the quashing of the FIR and subsequent proceedings based on the compromise between the parties.
Ratio Decidendi: The court relied on the power under Section 482 of Cr.P.C. to allow the quashing of 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 justice.
Final Decision: The petition was allowed, and the FIR and subsequent proceedings were ordered to be quashed for the petitioner based on the compromise between the parties.
JUDGMENT
Vikas Bahl, J. (Oral) - CRM-15804-2022
1. 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 12.07.2022 to an early date.
2. 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.
3. Notice in the application.
4. On advance notice, Mr. Sarabjit S. Cheema, AAG, Punjab, appears and accepts notice on behalf of the non-applicant/State of Punjab and Mr. Kunal Choksi, 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 12.07.2022 to today itself for final disposal.
5. 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 12.07.2022 to today and the same is taken on Board today itself for final disposal.
Main case
6. This is a petition under Section 482 of Cr.P.C. for quashing of FIR No.59 dated 11.07.2012 registered under Sections 307, 427, 120-B, 147, 148, 149 of the Indian Penal Code, 1860 (Section 34 of IPC has been added later on) and Sections 25(54) of the Arms Act at Police Station Phase-8, District SAS Nagar, Punjab and all the subsequent proceedings arising therefrom on the basis of compromise.
7. On 06.12.2019, a Coordinate Bench of this Court was pleased to pass the following order:-
'Learned Counsel for the petitioners while referring to Annexure P-2 has contended that a compromise has been effected between the parties and prayed for quashing of FIR No.59 dated 11.07.2012 under Sections 120-B, 307, 427, 147, 148 and 149 read with Section 34 (added later on in the challan) of the IPC and Section 25(54) of the Arms Act, 1959 registered at Police Station Phase - VIII, SAS Nagar, Punjab.
Learned Counsel for respondent No.2 has admitted the factum of compromise.
Copies of the paper book have been supplied to the learned Counsel for the respondents.
Adjourned to 15.01.2020.
Accordingly, the private parties are directed to appear before the trial Court/Illaqa Magistrate on 13.12.2019 or any other date convenient to the Court for recording their statements with regard to compromise/settlement. Trial Court/Illaqa Magistrate is directed to submit a report before the next date of hearing containing the following information :-
1. Number of persons arrayed as accused in FIR.
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 case or not.
5. Current stage of the case.
The trial Court is further directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR.
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.
06.12.2019
Sd/- (ARUN KUMAR TYAGI)
JUDGE'
8. In pursuance of the abovesaid order, a report has been submitted by the Additional District & Sessions Judge, SAS Nagar (Mohali). The relevant portion of the said report is reproduced hereinbelow:-
'To ascertain these facts, statement of complainant Prabhjit Singh and accused Jeewanjyot Singh as well as investigating officer ASI Rakesh Kumar were recorded on 08.01.2020 as they were appeared on the said date. The complainant Prabhjit Singh and accused Jeewanjyot Singh endorsed the fact that the matter has been compromised between them out of free will and without pressure, coercion or force. The complainant and the accused namely Jeewanjyot Singh were duly identified by their counsels. They have also placed on record compromise deed Ex.CX duly executed between them out of their free will and consent.
Keeping in view the aforesaid, I am satisfied that the m
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The central legal point established in the judgment is the wide plenitude of inherent power under Section 482 Cr.P.C. to quash criminal proceedings in which a compromise has been effected, not confin....
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The inherent power of the Court under Section 482 Cr.P.C. can be used to quash criminal proceedings based on a compromise to prevent abuse of process of law and secure the ends of justice.
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings in order to secure the ends of justice and prevent the abuse of the process of law, even in cases 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.
The High Court has the inherent power under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise to secure the ends of justice and prevent abuse of the process of Court.
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