Punjab-Haryana High Court
Lakhwinder Singh Alias Lakha And Others vs State Of Punjab And Another on 12 May, 2009
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-936 of 2009(O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-936 of 2009(O&M)
Date of Decision:May 12, 2009
Lakhwinder Singh alias Lakha and others
---Petitioner
versus
State of Punjab and another
---Respondents
Coram: HON'BLE MRS. JUSTICE SABINA
***
Present: Mr.N.C.Doabia,Advocate,
for the petitioners
Mr. Aman Deep Singh Rai, AAG,Punjab
Mr.B.S.Jaswal, Advocate,
for respondent No. 2
***
SABINA, J.
Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.')for quashing of complaint No. 132 dated 4.8.2008 titled as " Hardip Singh vs. Lakhwinder Singh alias Lakha and others" under Sections /308/326/ 325/ 324/323 /427/ 148/ 149 of the Indian Penal Code registered at Police Station, Beas District Amritsar (Annexure P-1)on the basis of compromise dated 31.7.2008(Annexure P-2).
Crl. Misc. No. M-936 of 2009(O&M) -2-
Learned counsel for the petitioners has submitted that in the complaint filed by Hardip Singh-respondent No. 2, petitioners were summoned to face trial under Section 326 IPC after filing of the petition. Now with the intervention of relatives and friends parties have entered into a compromise dated 31.7.2008(Annexure P-2). Learned counsel states that it is a case of cross version.
Respondent No. 2 who is present in person along with his counsel has admitted the contents of the compromise(Annexure P-2) and has also placed on record his affidavit wherein he has stated that he has no objection if the complaint in question is quashed. Mastan Singh-injured, father of respondent No. 2 is also present in person and admitted the contents of the compromise and has also tendered his affidavit on record wherein it is stated that he has no objection if the complaint in question is quashed.
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 paras 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 Crl. Misc. No. M-936 of 2009(O&M) -3- 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 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, no useful purpose would be served by continuing the criminal proceedings, in question.
Accordingly this petition is allowed. complaint No. 132 dated 4.8.2008 titled as " Hardip Singh vs. Lakhwinder Singh alias Lakha and others" under Sections /308/326/ 325/ 324/323 /427/ 148/ 149 of the Crl. Misc. No. M-936 of 2009(O&M) -4- Indian Penal Code registered at Police Station, Beas District Amritsar (Annexure P-1) and all consequential proceeding arising therefrom are quashed.
(SABINA) JUDGE May 12, 2009 PARAMJIT