Punjab-Haryana High Court
Jaswinder Singh And Another vs The State Of Punjab And Another on 24 July, 2023
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
Neutral Citation No:=2023:PHHC:093612
CRM-M-14833 of 2023 2023:PHHC:093612 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-14833 of 2023
Date of decision: 24th July, 2023
Jaswinder Singh and another
Petitioners
Versus
State of Punjab and another
Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. Gurkirat, Advocate for the petitioners.
Ms. Navreet Kaur Barnala, AAG, Punjab.
Ms. Srishti, Advocate for the complainant.
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AVNEESH JHINGAN, J (Oral):
1. This petition under Section 482 of Code of Criminal Procedure is filed seeking quashing of FIR No. 45 dated 6.3.3023, under Sections 323, 324, 148 and 149 IPC, registered at Police Station Mahilpur, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise.
2. As per the FIR, the petitioners entered into the house of the complainant and enquired about her brother. When she stopped them, the petitioners gave beatings and threatened the complainant.
3. The parties with the intervention of respectables have compromised the matter.
4. On 23.3.2023, 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 26.4.2023 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. Full Bench of this Court in Kulwinder Singh and others vs. 1 of 2 ::: Downloaded on - 26-07-2023 02:30:17 ::: Neutral Citation No:=2023:PHHC:093612 CRM-M-14833 of 2023 2023:PHHC:093612 [2] 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."
7. 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.
8. With the intervention of friends and relatives, the parties have decided to forget and forgive and to save their relations to an extent possible. 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.
9. The petition is allowed.
[AVNEESH JHINGAN] JUDGE 24th July, 2023 mk
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No Neutral Citation No:=2023:PHHC:093612 2 of 2 ::: Downloaded on - 26-07-2023 02:30:18 :::