Punjab-Haryana High Court
Sohan Lal And Others vs State Of Punjab And Another on 17 February, 2022
Author: Vikas Bahl
Bench: Vikas Bahl
CRM-5013-2022 in/and
CRM-M-48444-2021 (O&M) -1-
111
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-5013-2022 in/and
CRM-M-48444-2021 (O&M)
Date of decision : 17.02.2022
Sohan Lal and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Anil Kumar Spehia, Advocate for the petitioners.
Mr. Saurav Khurana, DAG, Punjab.
Mr. Amarjeet Singh Prajapati, Advocate for respondent No.2.
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VIKAS BAHL, J. (ORAL)
CRM-5013-2022 This is an application filed under Section 482 of Cr.P.C. for preponement of the date of hearing in the main case which is now stated to be listed for 22.09.2022 to an early date.
Learned counsel for the applicant-petitioners has submitted that the present matter has been compromised and the statements of the parties have already been recorded.
Notice in the application.
On advance notice, Mr. Saurav Khurana, DAG, Punjab, appears 1 of 6 ::: Downloaded on - 18-02-2022 00:20:58 ::: CRM-5013-2022 in/and CRM-M-48444-2021 (O&M) -2- and accepts notice on behalf of the non-applicant/State of Punjab and Mr. Amarjeet Singh Prajapati, Advocate appears on behalf of non- applicant/respondent No.2 and have submitted that they have no objection in case the present application is allowed and the date of hearing in the main case is preponed from 22.09.2022 to today itself for final disposal.
In view of the aforesaid facts and no objection from the opposite side, the present application is allowed and the date of hearing in the main case is preponed from 22.09.2022 to today and the same is taken on Board today itself for final disposal.
Main case This is a petition filed under Section 482 of Cr.P.C. for quashing of FIR No.106 dated 30.07.2021 registered under Sections 323, 341 and 506 of the Indian Penal Code, 1860 (Section 34 of IPC has been added later on) at Police Station Adampur, District Jalandhar (Annexure P-
1) and all the subsequent proceedings arising therefrom on the basis of compromise.
On 22.11.2021, this Court had passed the following order:-
"This is a petition filed under Section 482 of Cr.P.C. for quashing of FIR No.106 dated 30.07.2021 registered under Sections 323, 341 and 506 of the Indian Penal Code, 1860 (Section 34 of IPC has been added later on) at Police Station Adampur, District Jalandhar (Annexure P-1) and all the subsequent proceedings arising therefrom on the basis of compromise dated 27.10.2021 (Annexure P-3).
Learned counsel for the petitioners has submitted that all the persons concerned are party to the compromise.
Notice of motion for 18.01.2022.
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CRM-5013-2022 in/and
CRM-M-48444-2021 (O&M) -3-
On asking of the Court, Mr. N.K. Banka, Deputy Advocate General, Punjab appears and accepts notice on behalf of the respondent-State and Mr. Amarjeet Singh Prajapati, Advocate appears on behalf of respondent No.2.
The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 15 days.
The Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the following information:-
1. Number of persons arrayed as accused.
2. Whether any accused is proclaimed offender?
3. Whether the compromise is genuine, voluntary and without any coercion or undue influence?
4. Whether the accused persons are involved in any other FIR or not?
5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR."
In pursuance of the abovesaid order, a report has been submitted by the Judicial Magistrate Ist Class, Jalandhar. The relevant portion of the said report is reproduced hereinbelow:-
"Further, I have also examined the parties in person and I am of the opinion that the parties have entered into the compromise voluntarily and without any pressure or coercion from any quarter. As such, in view of the statements of the parties as well as after their examination in the court, I am of the view that compromise has been validly effected between the parties to the abovesaid FIR as per their free will and without any kind of pressure, threat or undue influence. There are three persons arrayed as 3 of 6 ::: Downloaded on - 18-02-2022 00:20:59 ::: CRM-5013-2022 in/and CRM-M-48444-2021 (O&M) -4- accused in the present case and none of accused is declared proclaimed offender. Accused persons are not involved in the any other FIR.
As per the statement of Investigating Officer only one person namely Paramjit Singh is victim/complainant of the present FIR.
Report submitted please.
Yours faithfully, Sd/- (Jaginder Singh) Judicial Magistrate First Class, Jalandhar/UID No.PB00485"
A perusal of the said report would show that the compromise has been found to be genuine, without any pressure or undue influence. It has been stated that the statements of the complainant as well as the accused have been recorded in the case and both have stated that the matter has been compromised and they have no objection in case the FIR is quashed. It is further stated that the statement of the complainant has been made voluntarily without any fear, coercion or pressure.
Learned counsel for the petitioners has submitted that the petitioners were not declared proclaimed offender in the present case and there are no other cases pending against the petitioners. Learned counsel for the State, as per instructions has stated that these facts are correct.
Learned counsel for respondent No.2 has again reiterated that the matter has been settled and the said compromise is in the interest of all the persons and would help in bringing out peace and amity between the two parties.
This Court has heard the learned counsel for the parties and has 4 of 6 ::: Downloaded on - 18-02-2022 00:20:59 ::: CRM-5013-2022 in/and CRM-M-48444-2021 (O&M) -5- perused the file. After perusing the report submitted by the trial Court, this Court finds that the matter has been amicably settled between the petitioner and the complainant. Since the matter has been settled and the parties have decided to live in peace, this Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.
As per the Full Bench judgment of this Court in "Kulwinder Singh and others Vs State of Punjab", reported as 2007 (3) RCR (Criminal) 1052, it is held that 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 is of the opinion that the same is required to prevent the abuse of the process of law or otherwise to 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 "Gian Singh Vs. State of Punjab and another", reported as 2012 (4) RCR (Criminal) 543, had also observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment is reproduced hereinbelow:-
"57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to
5 of 6 ::: Downloaded on - 18-02-2022 00:20:59 ::: CRM-5013-2022 in/and CRM-M-48444-2021 (O&M) -6- be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. XXX---XXX"
In view of what has been discussed hereinabove, the petition is allowed and FIR No.106 dated 30.07.2021 registered under Sections 323, 341 and 506 of the Indian Penal Code, 1860 (Section 34 of IPC has been added later on) at Police Station Adampur, District Jalandhar (Annexure P-
1) and all the subsequent proceedings arising therefrom on the basis of compromise, are ordered to be quashed, qua the petitioners.
All the pending miscellaneous applications, if any, stand disposed of in view of the abovesaid order.
17.02.2022 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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