Tejwinder Singh @ Taji v. State Of Punjab And Others

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of Decision: 30.08.2022 Tejwinder Singh @ Teji .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Dinesh Kumar, Advocate for Mr. Rajan Bansal, Advocate for the petitioner. Mr. Vinay Kumar Gupta, Assistant Advocate General, Punjab.

Mr. Ashish Gupta, Advocate for respondents No. 2 and 3. ASHOK KUMAR VERMA, J. (ORAL) The petitioner has filed the present petition under Section 482 Cr.P.C., for quashing Diary No. 28 dated 07.08.2019 (Annexure P-2) registered under Sections 452, 427 and 324 IPC (Section 326 IPC was added later on) in FIR No. 46 dated 07.08.2019 (Annexure P-1), registered under Section 324 read with Section 34 IPC at Police Station Smalsar, District Moga and all the consequential proceedings arising therefrom, on the basis of compromise dated 07.02.2020 (Annexure P-3) effected between the parties.

Pursuant to the order dated 18.12.2020 passed by a co-ordinate Bench of this Court, the parties appeared before the learned Sub Divisional Judicial Magistrate, Baghapurana, to get their statements

-2recorded. Learned Sub Divisional Judicial Magistrate, Baghapurana, submitted his report along with statements of the parties vide letter No. 443 dated 02.02.2021 duly forwarded by learned District and Sessions Judge, Moga, vide Endst. No. 364/EB dated 15.02.2021. I have heard learned Counsel for the petitioner, 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.

-3victim and the offender. For judicial precedents in this regard, reference may be made to 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 Sub Divisional Judicial Magistrate, Baghapurana, is satisfied that the compromise effected between the parties is genuine, voluntarily and without any threat or coercion.

Considering the report of learned Sub Divisional Judicial Magistrate, Baghapurana dated 02.02.2021 and the fact that the compromise will bring peace and harmony between the parties, aforesaid Diary No. 28 dated 07.08.2019 (Annexure P-2) in FIR No. 46 dated 07.08.2019 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioner only. Disposed of, accordingly August 30, 2022 (ASHOK KUMAR VERMA) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No