Punjab-Haryana High Court
Satpal @ Satta And Others vs State Of Punjab And Others on 11 October, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
260
CRM-M-49799-2019
Date of Decision : 11.10.2022
Satpal @ Satta and others .....Petitioners
Versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
Present : Mr. K.B.S. Mann Advocate
for the petitioners.
Mr. Amish Sharma, Asstt. A.G., Punjab
for the respondent No.1-State.
Mr. P.P.S. Brar, Advocate
for respondents No.2 to 4.
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ASHOK KUMAR VERMA, J. (ORAL)
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.117 dated 28.06.2019 registered under Sections 451, 323, 148 and 149 of the Indian Penal Code, 1860 at Police Station City Malout, District Sri Muktsar Sahib (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise (Annexure P-2) effected between the private parties.
Pursuant to order dated 22.11.2019 passed by the Coordinate Bench of this Court, the private parties appeared before learned Sub Divisional Judicial Magistrate, Malout to get their statements recorded. Learned Sub Divisional Judicial Magistrate, Malout submitted his report along with copies of statements of the 1 of 3 ::: Downloaded on - 13-10-2022 23:37:41 ::: CRM-M-49799-2019 -2- parties vide letter dated 28.01.2020 through learned District and Sessions Judge, Sri Muktsar Sahib which is taken on record.
I have heard learned Counsel for the petitioners, learned State Counsel and learned counsel for respondents No.2 to 4 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 another : 2012(4) RCR 2 of 3 ::: Downloaded on - 13-10-2022 23:37:41 ::: CRM-M-49799-2019 -3- Criminal) 543, 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, Malout is satisfied that compromise effected between the parties is genuine, outcome of free consent of the parties and is without coercion from any quarter.
Considering the report dated 28.01.2020 of learned Sub Divisional Judicial Magistrate, Malout and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No.117 dated 28.06.2019 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioners only.
Disposed of, accordingly.
(ASHOK KUMAR VERMA)
11.10.2022 JUDGE
Kothiyal
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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