Arvinder Singh Through Special Powe Of Attorney Holder v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of Decision: 18.01.2023 Arvinder Singh through Special Power of Attorney Holder .... Petitioners

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Kapil Khanna, Advocate for the petitioner. Mr. G.S. Sandhu, Deputy Advocate General, Punjab. Mr. Amit Thakur, 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 FIR No. 179 dated 28.10.2022 (Annexure P-1) registered under Sections 452, 323, 324 and 506 IPC at Police Station Kartarpur, District Jalandhar and all the consequential proceedings arising therefrom, on the basis of compromise dated 12.12.2022 (Annexure P-2).

Pursuant to the order dated 23.12.2022, passed by a co-ordinate Bench of this Court, the parties appeared before the learned Judicial Magistrate Ist Class, Jalandhar, to get their statements recorded. Learned Judicial Magistrate Ist Class, Jalandhar, has submitted his report along with copies of statements of the parties vide letter No. 25 dated 12.01.2023 duly forwarded by the learned District and Sessions Judge, Jalandhar, vide letter No. 200 G/JRK dated 16.01.2023. It is pertinent to

-2mention here that the statement of petitioner qua compromise has been recorded through his Special Power of Attorney holder, namely; Gurdev Singh.

I have heard learned Counsel for the parties 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. 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 anr.

-3549: 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 Ist Class, Jalandhar, is satisfied that the compromise effected between the parties is genuine, voluntarily and out of their free will. Considering the report of learned Judicial Magistrate Ist Class, Jalandhar and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No. 179 dated 28.10.2022 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua petitioner, only.

Disposed of, accordingly.

January 18, 2023 (ASHOK KUMAR VERMA) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No