Punjab-Haryana High Court
Gurnam Singh @ Gamma And Another vs State Of Punjab And Others on 13 August, 2012
Author: Sabina
Bench: Sabina
Crl.Misc. M.No.29632 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Misc. M No. 29632 of 2011(O&M)
Date of Decision: August 13, 2012
Gurnam Singh @ Gamma and another ...........Petitioners
Versus
State of Punjab and others ..........Respondents
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.Viney Puri,Advocate for the petitioners.
Mr.Amandeep Singh Ra,iDeputy Advocate
General,Punjab
Mr.Puneet Singla, Advocate for
Mr.D.K.Bhatti, Advocate for respondent No.4
Sabina, J.
Petitioners have preferred this petition under Section 482 of the Code Criminal Procedure, 1973 seeking quashing of the FIR No. 71 dated 29.3.2011 (Annexure P1 colly) registered under Sections 308,325,323,34 of the Indian Penal Code (`IPC' for short) at Police Station Division No.1, Jalandhar on the basis of compromise deed dated 10.9.2011 (Annexure P2) with all consequential proceedings arising therefrom.
Learned counsel for the petitioners and respondent No. 4 have submitted that both the parties were facing criminal Crl.Misc. M.No.29632 of 2011 (O&M) 2 proceedings in cross cases and now with the intervention of relatives and friends, they have arrived at a compromise.
Vide order dated 28.9.2011, the trial Court was directed to record the statement of the parties and report qua the genuineness of the compromise effected between the parties.
In pursuant to the said order, trial Court has recorded the statement of the parties and has reported that the compromise effected between the parties is genuine .
As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
Hon'ble the Apex Court in the case of Nikhil Merchant vs. Central bureau of Investigation and another JT 2008 (9) SC 192 in para Nos. 23 and 24 has held as under:- "23. In the instant case, the disputes between the Company and the Bank have been set at rest on the basis of the compromise arrived at by them whereunder the dues of the Bank have been cleared and the Bank does not appear to have any further claim against the Company. What, however, remains is the fact that certain documents were Crl.Misc. M.No.29632 of 2011 (O&M) 3 alleged to have been created by the appellant herein in order to avail of credit facilities beyond the limit to which the Company was entitled. The dispute involved herein has overtones of a civil dispute with certain criminal facets. The question which is required to be answered in this case is whether the power which independently lies with this court to quash the criminal proceedings pursuant to the compromise arrived at, should at all be exercised?
24.On an overall view of the facts as indicated hereinabove and keeping in mind the decision of this Court in B.S.Joshi's case (supra) and the compromise arrived at between the Company and the Bank as also clause 11 of the consent terms filed in the suit filled by the Bank, we are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile exercise."
Since the parties have arrived at a compromise, in order to live in peace, no useful purpose would be served by proceeding further with the criminal proceedings.
Accordingly, this petition is allowed. FIR No.71 dated Crl.Misc. M.No.29632 of 2011 (O&M) 4 29.3.2011 registered at Police Station Division No.1, Jalandhar under Sections 308,325,323,34IPC (Annexure P1 colly) and all subsequent proceedings arising therefrom are quashed.
( Sabina ) Judge August 13, 2012 arya