Pawandeep Singh v. State Of Punjab And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-11695-2023 Date of Decision: 22.07.2024 Pawandeep Singh .... Petitioner

Versus

State of Punjab and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. H.S. Randhawa, Advocate for the petitioner. Ms. Aakanksha Gupta, AAG, Punjab.

Mr. Haripal, Advocate for Mr. APS Sandhu, Advocate for respondent No. 2. NIDHI GUPTA, J. (ORAL) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No. 150 dated 01.06.2014 (Annexure P-1) registered under Sections registered under Sections 498-A and 406 IPC at Police Jandiala Guru, District Amritsar Rural and all consequential proceedings arising therefrom including the order dated 16.08.2019 (Annexure P-3) vide which the petitioner was declared as proclaimed offender, on the basis of compromise dated 13.10.2022 (Annexure P-2), arrived at between the parties.

Pursuant to the order dated 03.04.2024 passed by this Court, the parties have appeared before the learned Judicial Magistrate Ist Class, Amritsar, to get their statements recorded. Learned Judicial Magistrate Ist Class, Amritsar, has submitted his report along with statements of the

-2parties vide letter dated 29.04.2024 duly forwarded by the learned District and Sessions Judge, Amritsar.

A perusal of the above said report would show that Sh. Amrik Singh/father of the petitioner being Special Power of Attorney Holder and respondent No. 2 have appeared and suffered statements with respect to the compromise which have been found to be genuine, voluntary and without any coercion and undue influence. Learned counsel for the petitioner, inter alia, submits that the present FIR emanates from the matrimonial dispute between the parties. Marriage of the petitioner with complainant/respondent No.2 was solemnized on 25.11.2011 and one daughter was born out of the said wedlock on 10.07.2013, who is currently in the care and custody of respondent No. 2. Due to temperamental differences, the parties could not cohabit together and started residing separately since 23.07.2013.

Now, better sense has prevailed between the parties and in order to live peacefully, parties have entered into compromise dated 13.10.2022 (Annexure P-2), according to which, both the parties have agreed not to proceed further with the FIR in question and have decided to part ways. It is also submitted that as per terms and conditions No. 3 of compromise deed dated 13.10.2022 (Annexure P-2), the parties shall also file a joint petition for divorce by way of mutual consent under Section 13-B of the Hindu Marriage Act, 1955 and the petitioner had authorized his father/Amrik Singh-Special Power of Attorney holder to do all acts on his behalf qua the matrimonial disputes pending between the parties.

-3it is submitted that four persons were named in the FIR and the present FIR qua 03 accused, namely, Amrik Singh, Surinder Kaur and Kamaldeep Kaur, has already been quashed by this Court vide order dated 03.04.2024, passed in CRM-M-53340-2022. It is pertinent to mention here that vide order dated 03.04.2024, passed by this Court, the order dated 16.08.2019 (Annexure P-3) declaring the petitioner as proclaimed person was set aside. Learned State counsel has stated that he has 'no objection' in case the FIR is quashed on the basis of compromise qua the petitioner. This Court has heard the learned counsel for the parties and has perused the file.

After perusing the report submitted by the learned Judicial Magistrate Ist Class, Amritsar this Court finds that the matter has been amicably settled between the petitioner and respondent No. 2. Since the matter has been settled and the parties have decided to live in peace, this Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.

As per the Full Bench judgment of this Court in "Kulwinder Singh and others Vs State of Punjab", 2007 (3) RCR (Criminal) 1052, it is held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the proceedings 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. This power of quashing is not confined to matrimonial disputes

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Hon'ble Apex Court in the case of "Gian Singh Vs. State of Punjab and another", 2012 (4) RCR (Criminal) 543, had also observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment is reproduced here-inbelow:- "57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court."

In view of what has been discussed here-in-above, this petition is allowed and FIR No. 150 dated 01.06.2014 (Annexure P-1) registered under Sections registered under Sections 498-A and 406 IPC at Police Jandiala Guru, District Amritsar Rural and all consequential proceedings arising therefrom, on the basis of compromise dated 13.10.2022 (Annexure P-2), arrived at between the parties, are ordered to be quashed qua the petitioner.

22.07.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No