Jarnail Singh And ORS. v. State Of Punjab And ANR.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:27.08.2015.

Jarnail Singh and others .............Petitioners v.

State of Punjab and another .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Ashwani Kumar Dhingra,Advocate for the petitioners Ms.Rimplejeet Kaur,AAG Punjab Jaswant Singh,J.(Oral) Prayer in this petition is for quashing FIR No.45 dated 31.5.2015 under Sctions 498-A/406/34 IPC, PS Kabarwala,Distt.Sri Muktsar Sahib(P-1) and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 18.6.2015(P-2). After issuing notice of motion, vide order dated 27.7.2015 parties were directed to appear before the trial Court and record their statements with regard to compromise. The learned trial Court was directed to record statements of the parties and to send report to this Court regarding validity or otherwise of the compromise effected between the parties.

Now learned JMIC, Malout vide his report dated 14.8.2015 has reported that in compliance of the aforesaid order statements of parties were recorded whereby they stated that the matter has been

amicably sorted out. It is further reported that the compromise is voluntary, without any pressure or undue influence from either side. Learned State counsel on instructions from HC Bhola Singh states that challan has so far not been presented. Hon'ble Supreme Court in (2003)4 SCC 675, B.S.Joshi and others v State of Haryana and another has made it explicitly clear in para 15 of its judgment that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or effect the powers under Section 482 of the Code.

A Full Bench of this Court in Kulwinder Singh and others v State of Punjab and another, 2007(3)RCR(Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non-compoundable offences. The relevant extract reads as under:- "The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C., which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice."

Hon'ble Apex Court in another case in J.T.2008(9) SC 192 Nikhil Merchant v Central Bureau of Investigation and Another while relying upon its decision in B.S.Joshi's case (supra) has also held that in view of the compromise arrived at between the parties, the technicalities should not be allowed to stand in the way in the quashing of criminal proceedings and the continuance of the same after compromise between the parties would be a futile exercise.

Similar views were expressed by Hon'ble the Apex Court in Madan Mohan Abot v State of Punjab, 2008(4) SCC 582, the relevant extract of which is as under:- "We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law."

Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid

compromise, it is evident that it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice.

Accordingly, the present petition is allowed and FIR No. 45 dated 31.5.2015 under Sctions 498-A/406/34 IPC, PS Kabarwala,Distt.Sri Muktsar Sahib(P-1) and all subsequent proceedings arising therefrom are quashed.

27.08.2015.

(Jaswant Singh) joshi Judge