Gobind Mutneja @ Golu And ANR. v. State Of Punjab And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 12.09.2022 Gobind Mutneja @ Gulu and another .... Petitioners

Versus

State of Punjab and another .... Respondents CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Riffi Birla, Advocate, for Mr. Krishan Kumar Thakur, Advocate, for the petitioners.

Ms. Ruchika Sabherwal, Deputy Advocate General, Punjab. Ms. Komal Thakur, Advocate, for respondent No.2.

ASHOK KUMAR VERMA, J. (ORAL) The petitioners have filed the present petition under Section 482 Cr.P.C., for quashing FIR No.51 dated 06.02.2022 registered under Sections 452, 323, 427, 148, 149 IPC and Sections 25 & 27 of the Arms Act, 1959 at Police Station City Ferozepur, District Ferozepur, as well as all subsequent proceedings arising therefrom on the basis of compromise dated 14.02.2022 (Annexure P-2).

Pursuant to the order dated 05.07.2022 passed by a coordinate Bench of this Court, the parties appeared before the Chief Judicial Magistrate, Ferozepur, to get their statements recorded. Learned Chief Judicial Magistrate, Ferozepur, has submitted his report along with statements of the parties vide letter No.570 dated 27.07.2022 duly forwarded by the District and Sessions Judge, Ferozepur, vide Endst. No.

-25784/EB dated 02.08.2022.

I have heard learned counsel for the petitioners, learned State counsel and learned counsel for respondent No. 2 and gone through the relevant record.

It is now well settled that the High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties for securing the ends of justice or to prevent abuse of the process where the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case. Criminal cases having overwhelmingly and predominantly civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute can be quashed when the parties have resolved their entire dispute among themselves.

However, such power cannot be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. which are not private in nature and have a serious impact on society. Similarly, prosecution for offences alleged to have been committed under special enactments like the Prevention of Corruption Act or the offences committed by public servant while working in that capacity cannot be quashed on the basis of compromise between the victim and the offender. For judicial precedents in this regard, reference may be made to Narinder Singh Vs.

-32014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi Narayan and others (Supreme Court) : 2019 (2) RCR (Criminal) 255 and Kulwinder Singh and others Vs. State of Punjab and others (Punjab and Haryana High Court) : 2007 (3) RCR (Criminal) 1052. According to the report, learned Chief Judicial Magistrate, Ferozepur, is satisfied that the compromise effected between the parties is valid and has been effected without there being any kind of influence or coercion.

Considering the report of learned Chief Judicial Magistrate, Ferozepur dated 27.07.2022 and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No.51 dated 06.02.2022 and all subsequent proceedings arising therefrom, are quashed, qua the petitioners only.

Disposed of, accordingly.

September 12, 2022 (ASHOK KUMAR VERMA) R.S.

JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No