Shamsher Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-13609 of 2023 Date of decision :-17.08.2023 Shamsher Singh .....Petitioner

Versus

State of Punjab and others .....Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Ms. Swati Verma, Advocate for the petitioner.

Mr. Kunwarbir Singh, AAG, Punjab.

Ms. Pratula Sethi, Advocate For respondents No.2 and 3.

NIDHI GUPTA J. (Oral) The petitioner has filed the present petition under Section 482 Cr.P.C., for quashing FIR No. 117 dated 28.12.2019, under Section 376 IPC and Sections 3, 4 of POCSO Act, 2012, registered at Police Station Sadar Batala, Police District Batala, District Gurdaspur (Annexure P-1) and all the consequential proceedings arising therefrom, on the basis of compromise by way of affidavits dated 07.1.2023 (Annexures P-3 and P-4).

Pursuant to the order dated 31.5.2023 passed by a coordinate Bench of this Count, the parties appeared before the learned Additional Sessions Judge, Gurdaspur, to get their statements recorded. Learned ASJ, Gurdaspur, has submitted his report along with copies of the statements of the parties vide letter dated 13.7.2023

duly forwarded by the learned District and Sessions Judge, Gurdaspur.

A perusal of the above said report would show that the petitioner and respondents No.2 and 3 have appeared and suffered statements with respect to the compromise, which have been found to be voluntary, genuine, and out of free will.

Learned counsel for the petitioner has further submitted that the petitioner earlier was declared proclaimed offender vide order dated 16.1.2023. However, the said order declaring him proclaimed offender has been quashed vide order dated 04.5.2023 passed by this Court in CRM-M-6713 of 2023.

Learned State counsel has stated that he has no objection in case the FIR is quashed on the basis of compromise qua the petitioner.

Learned counsel for respondents No.2 and 3 has again reiterated that the matter has been settled and the said compromise is in the interest of all the persons and would help in bringing out peace and amity between the two parties.

This Court has heard the learned counsel for the parties and has perused the file.

After perusing the report submitted by the concerned Magistrate, this Court finds that the matter has been amicably settled between the petitioner and the complainant. 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 CI.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 alone. Hon'ble the 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 hereinbelow:

"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 hereinabove, this petition is allowed and FIR No. 117 dated 28.12.2019, under Section 376 IPC and Sections 3, 4 of POCSO Act, 2012, registered at Police Station Sadar Batala, Police District Batala, District Gurdaspur along with all other consequential proceedings arising therefrom on the basis of compromise, are ordered to be quashed qua the petitioner. August 17, 2023 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No