Nirmal Singh And Others vs State Of Punjab And Ors on 6 October, 2023

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Punjab-Haryana High Court

Nirmal Singh And Others vs State Of Punjab And Ors on 6 October, 2023

Bench: Avneesh Jhingan

                                                       Neutral Citation No:=2023:PHHC:129720




CRM-M- 27820 of 2023                                     [1]
2023:PHHC:129720

               IN THE HIGH COURT OF PUNJAB & HARYANA
                               AT CHANDIGARH
226
                                     CRM-M- 27820 of 2023
                                     Date of decision:6th October, 2023


Nirmal Singh and others
                                                                          Petitioners
                                         Versus

State of Punjab and others
                                                                       Respondents


CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:       Mr. Vinod K. Kaushal, Advocate for the petitioners.
               Mr. Jashanpreet Singh, DAG, Punjab.
               Mr. Rahul, Advocate for respondents No. 2 and 3.

AVNEESH JHINGAN, J (Oral):

1. This petition under Section 482 of Code of Criminal Procedure is filed seeking quashing of FIR No. 89 dated 24.9.2022, under Sections 324/506/148/149 IPC, 1860 (offence under Section 34 IPC added later on), registered at Police Station Verka, District Police Commissionerate, Amritsar and all subsequent proceedings arising therefrom on the basis of compromise.

2. As per the FIR, during an attempt to resolve matrimonial dispute, tempers flared up and injuries were inflicted.

3. The parties with the intervention of respectables have compromised the matter.

4. On 30.5.2023, 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 15.7.2023 is received stating that the compromise is genuine, voluntary, without any coercion or undue influence and there are six accused (petitioners herein) and they have not been declared as proclaimed offender.

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6. 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."

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. The parties are family members. 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 6th October, 2023 anuradha

1. Whether speaking/ reasoned : Yes / No

2. Whether reportable : Yes / No Neutral Citation No:=2023:PHHC:129720 2 of 2 ::: Downloaded on - 07-10-2023 04:09:48 :::

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