Gurinder Singh Alias Ginda And Others v. The State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH **** Date of decision:31.08.2022 Gurinder Singh alias Ginda and others ... Petitioners
Versus
State of Punjab and others ... Respondents
CORAM:
HON'BLE MR. JUSTICE VIKAS BAHL
Present:
Mr. G.S. Ghuman, Advocate for the petitioners. Mr. Ramdeep Partap Singh, Sr. DAG, Punjab.
Mr. Dilpreet Singh, Advocate for respondents No.2 to 5. VIKAS BAHL, J.(ORAL) This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.1 dated 01.01.2019 registered under Sections 452, 323, 506, 148, 149 of the Indian Penal Code, 1860 at Police Station Bassi Pathana, District Fatehgarh Sahib (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise.
On 08.08.2022, this Court was pleased to pass the following order:- "This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.1 dated 01.01.2019 registered under Sections 452, 323, 506, 148, 149 of the Indian Penal Code, 1860 at Police Station Bassi Pathana, District Fatehgarh Sahib (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise. Learned counsel for the petitioners has pointed out that earlier the petitioners had filed the petition for quashing of FIR on the basis of compromise but certain victims have not been made party in the said case and accordingly, the said case was withdrawn with liberty to file fresh petition after making all the complainants/victims and now all the victims/complainants have been made as party in the present petition. It is further submitted that all the persons concerned are party to the compromise.
Notice of motion for 31.08.2022.
On asking of the Court, Mr. Sarabjit S. Cheema, AAG, Punjab appears and accepts notice on behalf of the respondent-State and Mr. Dilpreet Singh, Advocate appears on behalf of respondent Nos.2 to 5.
The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 10 days.
The Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the following information:- 1.
Number of persons arrayed as accused.
2.
Whether any accused is proclaimed offender?
3.
Whether the compromise is genuine, voluntary and without any coercion or undue influence?
4.
Whether the accused persons are involved in any other FIR or not?
5.
The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR. (VIKAS BAHL) 08.08.2022 JUDGE"
In pursuance to the said order, a report has been submitted by Chief Judicial Magistrate, Fatehgarh Sahib. The relevant portion of the said report is reproduced hereinbelow:- "It is further submitted that the point wise reply to the queries as made in order dated 08.08.2022, is as follows: -
1. As per the statements suffered before this court, there are total ten accused named above.
2. As per the statement of the investigating officer of this case, none of the accused is proclaimed offender in this case.
3. After going through the statements suffered by the parties, this court is of the view that a genuine and valid compromise has been effected between the parties which is without any pressure or undue influence of any manner upon either of the party.
4. As per the statement of the investigating officer of this case, the accused persons are not involved in any other criminal case.
5. As per the statement of investigating officer of this case, in the present case, there are three other injured namely Balwinder Singh, Mangalnath and Mamta also.
The statements suffered by the above referred parties before this case referred above are hereby enclosed herewith
for Your Honour's kind perusal, please.
Submitted please.
Yours faithfully, (Dipti Goyal), Chief Judicial Magistrate, Fatehgarh Sahib"
A perusal of the above said report would show that the petitioners, respondents No.2 to 5 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 petitioners has further submitted that the petitioners were not declared proclaimed offenders in the present case. Learned State counsel has stated that he has no objection in case the FIR is quashed on the basis of compromise qua the petitioners. Learned counsel for respondents No.2 to 5 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 trial Court, this Court finds that the matter has been amicably settled between the petitioners 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 Cr.P.C. to allow the
compounding of non-compoundable offence and quash the prosecution 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.1 dated 01.01.2019 registered under Sections 452, 323, 506, 148, 149 of the Indian Penal Code, 1860 at Police Station Bassi Pathana, District Fatehgarh Sahib (Annexure P-1) and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioners.
(VIKAS BAHL) August 31, 2022 JUDGE Ishwar Singh Whether speaking/reasoned Yes/No Whether reportable Yes/No