High Court of Punjab and HaryanaCRM-M/29263/2022allowed

Avtar Singh And Others v. The State Of Punjab And Other

2022-12-01Mr. Justice Arvind Singh Sangwan3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 01.12.2022

1. CRM-M No.29263 of 2022 (O&M) Avtar Singh and others ....Petitioners

Versus

State of Punjab and others ....Respondents

2. CRM-M No.29931 of 2022 (O&M) Monika and another ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Prateek Sodhi, Advocate for the petitioners (in CRM-M-29263-2022) and for respondents No.2 and 3 (in CRM-M-29931-2022) Mr. Shubham Kaushik, AAG, Punjab.

Mr. Umesh Aggarwal, Advocate for the petitioners (in CRM-M-29931-2022) and for respondents No.2 and 3 (in CRM-M-29263-2022) ARVIND SINGH SANGWAN, J. (Oral) By way of this order, I shall dispose of aforesaid petitions as they emerged from FIR No.116 dated 07.05.2016 registered under Sections 323, 341, 506, 34, 324 (added later), 325 (added later) of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Sultanwind, District Amritsar and DDR No.31 dated 08.05.2022 registered under Sections 323, 341, 506, 427, 34 IPC in FIR No.116 dated 07.05.2016 at Police Station Sultanwind, District Amritsar, being version and crossversion.

In both the cases, vide orders dated 12.07.2022 and dated 15.07.2022, the trial Court/Illaqa Magistrate was directed to record the statements of the parties and send its report with regard to genuineness of the compromise effected between the parties. In pursuance to the said order, the trial Court after recording the statements of the parties, has reported on 19.09.2022 that the parties have appeared through their respective counsels representing them in the trial Court and that the compromise effected between the parties was voluntarily and without any coercion, pressure. Counsel for the petitioners submits that no other criminal case is pending between the parties and none of the petitioner is a proclaimed offender.

This fact is not disputed by counsel for the State, on instructions from the Investigating Officer.

I have heard counsel for the parties, perused the paperbook and the report submitted by the trial Court.

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 prosecution where the High Court feel that the same was 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.

Perusal of the allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed

by the High Court, in exercise of its inherent power under Section 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court of India in "Gian Singh vs State of Punjab and another", 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice if the criminal proceedings are put to an end. Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.

In view of the above, the petitions are allowed. FIR No.116 dated 07.05.2016 registered under Sections 323, 341, 506, 34, 324 (added later), 325 (added later) IPC at Police Station Sultanwind, District Amritsar and DDR No.31 dated 08.05.2022 under Sections 323, 341, 506, 427, 34 IPC registered in FIR No.116 dated 07.05.2016 at Police Station Sultanwind, District Amritsar, along with all the consequential proceedings, arising therefrom, are ordered to be quashed subject to payment of costs of Rs.5,000/- each (in both the petitions) to be deposited with the District Legal Services Authority Amritsar. A photocopy of this order be placed on the file of other connected cases.

(ARVIND SINGH SANGWAN) JUDGE 01.12.2022 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No