Punjab-Haryana High Court
Mohammad Bablu Alias Sonu And Anr vs State Of Punjab And Another on 22 September, 2023
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
Neutral Citation No:=2023:PHHC:124967
CRM-M-22373 of 2023 2023:PHHC:124967 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-22373 of 2023
Date of decision: 22nd September, 2023
Mohammad Bablu @ Sonu and another
Petitioners
Versus
State of Punjab and another
Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. Harjinder Singh, Advocate for the petitioners.
Mr. Jashanpreet Singh, DAG, Punjab.
Mr. G. S. Brar, Advocate for the complainant.
AVNEESH JHINGAN, J (Oral):
1. This petition under Section 482 of Code of Criminal Procedure is filed seeking quashing of FIR No. 39 dated 15.3.2023, under Sections 452, 323, 427, 148 and 149 IPC, registered at Police Station City Khanna, District Ludhiana and all subsequent proceedings arising therefrom on the basis of compromise.
2. As per the FIR, the petitioners inflicted injuries to the complainant and took away articles from his house.
3. The parties with the intervention of respectables have compromised the matter.
4. On 4.5.2023, the parties were directed to appear before the Illaqa Magistrate/trial court for getting their statements recorded with regard to compromise.
5. The report dated 27.7.2023 is received stating that the compromise is genuine, voluntary, without any coercion or undue influence and there are two accused (petitioners herein) and none of them has been declared as proclaimed offender.
6. Learned counsel for the complainant submits that the 1 of 2 ::: Downloaded on - 23-09-2023 04:37:51 ::: Neutral Citation No:=2023:PHHC:124967 CRM-M-22373 of 2023 2023:PHHC:124967 [2] complainant is not pursuing the matter against unknown persons.
7. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
"There is no statutory bar in Cr.P.C. which affects inherent power of this Court under Section 482. The power of quashing is not limited to matrimonial cases alone."
8. The Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, 2017 AIR (SC) 4843 laid down the broad principles governing the exercise of powers for quashing of FIR. It was held that the power under Section 482 Cr.P.C. is to be exercised by the High Court to secure the ends of justice, to prevent abuse of any process of law and in cases where in view of the compromise the possibility of conviction is remote and continuation of proceeding will cause oppression and prejudice.
9. With the intervention of friends and relatives, the parties have decided to forget and forgive. No useful purpose would be served by continuing with the trial. Due to compromise, there are bleak chances of conviction. To meet the ends of justice, the FIR mentioned above and all consequential proceedings arising therefrom are quashed.
10. The petition is allowed.
[AVNEESH JHINGAN] JUDGE 22nd September, 2023 mk
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No Neutral Citation No:=2023:PHHC:124967 2 of 2 ::: Downloaded on - 23-09-2023 04:37:51 :::