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High Court of Punjab and HaryanaCRM-M/47570/2023allowed

Gurwinder Singh v. State Of Punjab And Others

2024-05-07Ms. Justice Nidhi Gupta4 pages

 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-47570-2023 Date of Decision: 07.05.2024 Gurwinder Singh .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Ms. Meena, Advocate for Mr. Amit Arora, Advocate for the petitioner.

Ms. Aakansha Gupta, A.A.G., Punjab.

 

    

    

  NIDHI GUPTA , J. (ORAL) The petitioner has filed the present petition under Section 482 Cr.P.C., for quashing of FIR No. 442 dated 21.11.2022 (Annexure P1) registered under Sections 363, 366-A IPC, 1860 at Police Station Goindwal Sahib, District Tarn Taran and all subsequent proceedings arising therefrom, on the basis of compromise dated 07.09.2023 (Annexure P-2) effected between the parties.

Pursuant to the order dated 27.02.2024 passed by this Court, the parties appeared before the learned Sub Divisional Judicial Magistrate, Khadur Sahib, to get their statements recorded. Learned Sub

  Divisional Judicial Magistrate, Khadur Sahib, has submitted her report along with statements of the parties vide letter dated 28.03.2024 duly forwarded by the learned District and Sessions Judge, Tarn Taran on 30.03.2024.

A perusal of the above said report would show that the petitioner and respondents No. 2 and 3 have appeared and suffered statements with respect to the compromise, which have been found to be valid, genuine, voluntary and without any coercion or undue influence. The present petitioner is the only party to the compromise and has never been declared as proclaimed offender.

Learned counsel for the petitioner submits that there is no other criminal case pending against the petitioner. Learned State counsel, on instructions from ASI Gurbinder Singh submits that the petitioner and respondent No. 3/alleged victim have solemnized marriage on 01.12.2022. He further submits that he has 'no objection' in case the FIR is quashed on the basis of compromise qua the petitioner.

This Court has heard the learned counsel for the parties and has perused the file.

After perusing the report submitted by the learned Sub Divisional Judicial Magistrate, Khadur Sahib, this Court finds that the matter has been amicably settled between the petitioner and respondents No. 2 and 3. 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 proceedings 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 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 here-inbelow:- "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 here-in-above, this petition is allowed and FIR No. 442 dated 21.11.2022 (Annexure P-1) registered under Sections 363, 366-A IPC, 1860 at Police Station Goindwal Sahib, District Tarn Taran and all subsequent proceedings arising therefrom, on the basis of compromise dated 07.09.2023

 (Annexure P-2), are ordered to be quashed qua the petitioner. 07.05.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No