Punjab-Haryana High Court
Ankush vs State Of Punjab And Another on 22 November, 2022
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
(245) CRM-M-44224-2022
Date of Decision: 22.11.2022
Ankush --Petitioner
Versus
State of Punjab and another --Respondents
CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA.
Present:- Mr.Ram Pal Khole, Advocate,
for the petitioner.
Mr.G.S.Sandhu, DAG, Punjab.
Mr. Ravinder Singh, Advocate for
Mr. Naresh Paul Chandel, Advocate,
for respondent no.2.
***
ASHOK KUMAR VERMA, J. (ORAL)
The petitioner has filed the present petition under Section 482 of the Cr.P.C. for quashing of FIR No.432 dated 12.11.2020 registered under Sections 379, 511 and 323 of the IPC, at Police Station Zirakpur, District SAS Nagar (Annexure P-1) and all consequential proceedings arising therefrom on the basis of settlement/compromise dated 08.09.2022 (Annexures P-2) effected between the private parties.
Pursuant to order dated 28.09.2022 passed by this Court, the private parties appeared before learned Judicial Magistrate Ist Class, Dera Bassi, to get their statements recorded. Learned Judicial Magistrate Ist Class, Dera Bassi, submitted his report dated 04.11.2022 along with photostat copies of statements of the parties, which are taken on record.
1 of 3 ::: Downloaded on - 24-11-2022 06:06:15 ::: CRM-M-44224-2022 -2- 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 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.
2 of 3 ::: Downloaded on - 24-11-2022 06:06:15 ::: CRM-M-44224-2022 -3- According to the reports, learned Judicial Magistrate Ist Class, Dera Bassi, is satisfied that compromise effected between the parties is genuine, valid, voluntary and without any coercion or undue influence.
Considering the report dated 04.11.2022 of learned Judicial Magistrate Ist Class, Dera Bassi, and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No.432 dated 12.11.2020 registered under Sections 379, 511 and 323 of the IPC and all subsequent proceedings arising therefrom, are quashed, qua the petitioners only.
Disposed of, accordingly.
(ASHOK KUMAR VERMA)
22.11.2022 JUDGE
dharamvir
Whether speaking/reasoned: Yes/No
Whether reportable : Yes/No
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