Vicky v. State Of Punjab And Another

 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-58348-2022 Date of Decision: 06.05.2024 Vicky .... Petitioner

Versus

State of Haryana and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Karandeep Singh, Advocate for the petitioner. Mr. S.S.Chahal, A.A.G., Punjab.

Mr. Anshul Khurana, Advocate for Mr. Harkaran Singh, Advocate for respondent No.2.

*** NIDHI GUPTA , J. (ORAL) The petitioner has filed the present petition under Section 482 Cr.P.C., for quashing of FIR No. 0007 dated 10.01.2021 registered under Sections 363, 366-A of Indian Penal Code, 1860 at Police Station, Naya Gaon, District SAS Nagar (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of compromise in the shape of affidavit dated 22.11.2022 (Annexure P-2) arrived at between the parties. Pursuant to the order dated 14.12.2022 passed by this Court, the parties appeared before the learned Judicial Magistrate, 1st Class, Kharar, to get their statements recorded. Learned Judicial Magistrate, 1st Class, Kharar, has submitted her report along with copies of statements of the parties vide letter dated 21.02.2023 duly forwarded by the learned District and Sessions Judge, S.A.S. Nagar (Mohali) on 23.02.2023.

  A perusal of the above said report would show that the petitioner and respondent No. 2 have appeared and suffered statements with respect to the compromise, which have been found to be without any pressure, coercion, threat or undue influence. There is no other criminal case pending against the parties.

Learned counsel for the petitioner submits that the petitioner is the only accused in the above said FIR and as per report, the petitioner has never been declared as proclaimed offender. Learned State counsel has stated 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 Judicial Magistrate, 1st Class, Kharar, this Court finds that the matter has been amicably settled between the petitioner and respondent No. 2. 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. 0007 dated 10.01.2021 registered under Sections 363, 366-A of Indian Penal Code, 1860 at Police Station, Naya Gaon, District SAS Nagar (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of compromise in the shape of affidavit dated 22.11.2022 (Annexure P-2) are ordered to be quashed qua the petitioner.

06.05.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No