Lahori Ram And Others v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: 22.08.2024 LAHORI RAM AND OTHERS .....Petitioners
Versus
STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:
Mr. Vishawjeet Singh, Advocate for Mr. R.Akanksha, Advocate for the petitioners. Mr. Ravinder Singh, AAG Punjab.
Mr. Lovepreet Singh, Advocate for respondents No.3 to 7. **** KIRTI SINGH, J.(Oral) This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.38 dated 06.02.2022, under Sections 323, 506, 148, 149 IPC (Section 451 deleted later on and Section 452 added later on) registered at Police Station Rama Mandi, Jalandhar along with all the subsequent proceedings arising therefrom, on the basis of compromise dated 22.07.2022 (Annexure P-2). 2.
Heard learned counsel for the parties and also gone through the case file.
3.
This Court vide order dated 14.09.2022, directed the parties to appear before the Area Magistrate/trial Court for recording their statements with regard to the compromise.
4.
Pursuant to the aforesaid order, report dated 28.08.2023 has been received from the Judicial Magistrate Ist Class, Jalandhar. A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and
they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence and coercion. 5.
The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, 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 view 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.
6.
Hon'ble the Supreme Court in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, had 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 reads thus:- "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.
xxx xxx xxx. "
7.
In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. 8.
Resultantly, the present petition is allowed and FIR No.38 dated 06.02.2022, under Sections 323, 506, 148, 149, IPC (Section 451 deleted later on and Section 452 added later on) registered at Police Station Rama Mandi, Jalandhar and all other consequential proceedings are quashed qua the petitioners on the basis of the compromise dated 22.07.2022 (Annexure P-2), subject to payment of Rs.10,000/- to be deposited in Poor Patient Fund, PGIMER, Chandigarh.
(KIRTI SINGH) 22.08.2024 JUDGE Kavita Nain Whether speaking/reasoned?
Yes/No Whether reportable?
Yes/No