Darshan Singh And ORS v. State Of Punjab And Others

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of Decision: 30.08.2022 Darshan Singh and others .... Petitioners

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. D.S. Randhawa, Advocate for the petitioners. Mr. Vinay Kumar Gupta, Assistant Advocate General, Punjab.

Mr. Narinder Singh, Advocate for respondents No. 2 to 5. ASHOK KUMAR VERMA, J. (ORAL) The petitioners have filed the present petition under Section 482 Cr.P.C., for quashing FIR No. 0042 dated 25.05.2016 (Annexure P-1), registered under Sections 325, 324, 341, 148 and 149 IPC (Sections 148 and 149 IPC were deleted later on and Sections 34 and 201 IPC were added later on) at Police Station Maloud, Police District Khanna, District Ludhiana and all the consequential proceedings arising therefrom, on the basis of compromise dated 18.02.2021 (Annexure P-2) effected between the parties.

Pursuant to the order dated 18.03.2021 passed by a co-ordinate Bench of this Court, the parties appeared before the learned Judicial Magistrate Ist Class, Payal, to get their statements recorded. Learned Judicial Magistrate Ist Class, Payal, submitted her report along

-2with statements of the parties vide letter No. 382 dated 06.04.2021 duly forwarded by learned District and Sessions Judge, Ludhiana, vide letter No. 268/EC dated 27.04.2021.

I have heard learned Counsel for the petitioners, learned State Counsel, learned counsel for respondents No. 2 to 5 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.

-3may be made to Narinder Singh Vs. State of Punjab (Supreme Court) : 2014 (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 Judicial Magistrate Ist Class, Payal, is satisfied that the compromise is genuine and effected between the parties voluntarily, without any undue influence or coercion. Considering the report of learned Judicial Magistrate Ist Class, Payal dated 06.04.2021 and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No. 0042 dated 25.05.2016 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioners only. Disposed of, accordingly August 30, 2022 (ASHOK KUMAR VERMA) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No