Vinod Sharma Alias Vinod Tiwari v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-32172-2022 Date of Decision : 07.11.2022 Vinod Sharma @ Vinod Tiwari ..... Petitioner

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present :

None for the petitioner.

ASI Vijay Kumar, Police Station Civil Lines, Amritsar City, District Amritsar.

**** ASHOK KUMAR VERMA, J. (ORAL) The petitioner has filed the present petition under Section 482 of the Cr.P.C. for quashing of FIR No. 09 dated 07.01.2014 registered under Sections 406, 420 and 295-A IPC at Police Station Civil Lines, Amritsar City, District Amritsar (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 13.05.2022 (Annexure P-2) effected between the private parties.

Pursuant to order dated 26.07.2022 passed by a co-ordinate Bench of this Court, the private parties appeared before learned Judicial Magistrate Ist Class, Amritsar, to get their statements recorded. Learned Judicial Magistrate Ist Class, Amritsar submitted her report along with copies of statements of the parties vide letter No. 195 dated 18.08.2022 through learned District and Sessions Judge, Amritsar, which is taken on 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 RISHU KATARIA 2022.11.07 13:49 I attest to the accuracy and authenticity of this order/judgment

CRM-M-32172-2022 -2arising 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. For judicial precedents in this regard, reference may be made to Gian Singh Vs. State of Punjab and another : 2012(4) RCR Criminal) 543, 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, Amritsar, is satisfied that compromise effected between the parties is without any pressure or coercion of anyone and with free will of parties.

Considering the report dated 18.08.2022 of learned Judicial Magistrate Ist Class, Amritsar and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No. 09 dated 07.01.2014 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioner only. Disposed of, accordingly.

(ASHOK KUMAR VERMA) 07.11.2022 JUDGE rishu Whether speaking/reasoned Yes/No Whether reportable Yes/No RISHU KATARIA 2022.11.07 13:49 I attest to the accuracy and authenticity of this order/judgment