Rashmi Negi v. State Of Punjab And Others

-1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of Decision: 27.10.2022 Rashmi Negi .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Charanpreet Singh, Advocate for the petitioner. Mr. Hakam Singh, Assistant Advocate General, Punjab. Mr. G.S. Verma, Advocate for respondents No. 2 and 3. ASHOK KUMAR VERMA, J. (ORAL) Reply dated 26.10.2022, filed by way of affidavit of Sh. Murad Jasvir Singh Gill, Assistant Commissioner of Police, Industrial Area-A, Ludhiana, on behalf of respondent No. 1-State of Punjab, is taken on record.

The petitioner has filed the present petition under Section 482 Cr.P.C., for quashing FIR No. 200 dated 23.07.2021 (Annexure P-1) registered under Section 420 IPC and Section 24 of the Immigration Act at Police Station Focal Point, Ludhiana and all the consequential proceedings arising therefrom, on the basis of compromise dated 22.07.2022 (Annexure P-2) effected between the parties. Pursuant to the order dated 22.08.2022, passed by this Court, the parties appeared before the learned Judicial Magistrate Ist Class,

-2Ludhiana, to get their statements recorded. Learned Judicial Magistrate Ist Class, Ludhiana, submitted his report along with statements of the parties vide letter No. 53 dated 22.09.2022 duly forwarded by learned I/C District and Sessions Judge, Ludhiana, vide letter No. 928/G/EC dated 26.09.2022.

I have heard learned Counsel for the petitioners, learned State Counsel, learned counsel for respondents No. 2 and 3 and gone through the relevant 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 arising 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.

-3capacity 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 anr., 2012 (4) RAJ 549: 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, Ludhiana, is satisfied that the compromise arrived at between the parties appears to be genuine compromise and is a voluntary act of the parties without their being any sort of pressure or coercion from any corner.

Considering the report of learned Judicial Magistrate Ist Class, Ludhiana dated 22.09.2022 and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No. 200 dated 23.07.2021 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioner only. Disposed of, accordingly.

October 27, 2022 (ASHOK KUMAR VERMA) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No