Punjab-Haryana High Court
Sukhwinder Singh And Another vs State Of Punjab And Others on 9 July, 2019
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
CRM-M-23231-2019 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
266
CRM-M-23231-2019 (O&M)
Date of decision: 09.07.2019
Sukhwinder Singh and another ...... Petitioners
Versus
State of Punjab and another ...... Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:- Mr. Vaibhav Narang, Advocate for the petitioners.
Mr. Surinder Pal Singh Tinna, Addl. AG, Punjab.
Mr. B.D. Sharma, Advocate for respondent No.2.
*****
ANIL KSHETARPAL, J. (ORAL)
The petitioners have approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') invoking its inherent jurisdiction for quashing of FIR No.291 dated 17.10.2013 registered under Sections 420, 120-B of the Indian Penal Code (for short 'IPC'), at Police Station Chherretta, District Amritsar City and the consequential proceedings arising therefrom, on the basis of compromise (Annexure P-4).
Notice of motion was issued.
In compliance of the order dated 21.05.2019 passed by this Court, the parties got their statements recorded before the learned trial Court. Consequently, a report dated 02.07.2019 sent by the Judicial Magistrate Ist Class, Amritsar, has been received which is available on record of the case along with the statement of the parties. Learned 1 of 2 ::: Downloaded on - 14-07-2019 02:16:39 ::: CRM-M-23231-2019 (O&M) -2- Magistrate has reported that the parties have made their statements voluntarily and without any pressure. The compromise arrived at between the parties has been found to be a genuine one.
After hearing learned counsel for the parties and after going through the record of the case, this Court is of the considered opinion that it is a fit case for exercising the inherent jurisdiction of this Court under Section 482, Cr.P.C. so as to secure the ends of justice because the parties have arrived at an out of Court settlement by way of compromise (Annexure P-4). The compromise is without any pressure and a genuine one. In such a situation, continuation of the prosecution would result in sheer abuse of process of law.
For the aforesaid view, this Court finds support from Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303.
Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned and to secure the ends of justice, FIR No.291 dated 17.10.2013 registered under Sections 420, 120-B, IPC, Police Station Chherretta, District Amritsar City and the subsequent proceedings arising therefrom are ordered to be quashed, however, qua the petitioners only.
Resultantly, with the above-said observations made, the instant petition stands allowed.
( ANIL KSHETARPAL )
09.07.2019 JUDGE
D.Bansal
Whether speaking/reasoned Yes / No
Whether Reportable Yes / No
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