Gurbaksh Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-39232-2022 Date of Decision : 03.11.2022 Gurbaksh Singh and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present :

None for the petitioners.

ASI Karnail Singh, Police Station Lambi, District Sri Muktsar Sahib.

**** ASHOK KUMAR VERMA, J. (ORAL) Lawyers are abstaining from work today.

The petitioners have filed the present petition under Section 482 of the Cr.P.C. for quashing of FIR No.129 dated 03.06.2022 registered under Sections 341, 324, 323, 148, 149 IPC at Police Station Lambi, District Sri Muktsar Sahib (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 17.08.2022 (Annexure P-2) effected between the private parties.

Pursuant to order dated 31.08.2022 passed by this Court, the private parties appeared before learned Judicial Magistrate First Class, Malout to get their statements recorded. Learned Judicial Magistrate First Class, Malout submitted her report along with copies of statements of the parties vide letter No. 867 dated 12.09.2022 through learned District and Sessions Judge, Sri Mutksar Sahib, 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 RISHU KATARIA 2022.11.04 13:59 I attest to the accuracy and authenticity of this order/judgment

CRM-M-39232-2022 -2character 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. 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 First Class, Malout is satisfied that compromise entered into by the parties in this case, is genuine, voluntary and without any coercion or undue influence.

Considering the report dated 12.09.2022 of learned Judicial Magistrate First Class, Malout and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No.129 dated 03.06.2022 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioners only. Disposed of, accordingly.

(ASHOK KUMAR VERMA) 03.11.2022 JUDGE rishu Whether speaking/reasoned Yes/No Whether reportable Yes/No RISHU KATARIA 2022.11.04 13:59 I attest to the accuracy and authenticity of this order/judgment