Quashed

Joginder Singh Kala and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC24 Aug 2022CRM-M/18535/2022

Case brief

AI extract

What is this about?

The High Court quashed FIR No. 131 and consequential proceedings under Section 482 Cr.P.C. based on a genuine compromise between parties, noting the disputed offences involved commercial and property elements. The court relied on the Judicial Magistrate's report confirming the settlement's authenticity and applicability of precedents.

What did the court decide?

FIR No. 131 dated 01.07.2020 and all consequential proceedings arising therefrom quashed qua the petitioners.

Joginder Singh Kala and Ors. Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2022)

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CRM-M-18535-2022

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-18535-2022

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Date of Decision: 24.08.2022

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Joginder Singh Kala and others

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.... Petitioners

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Versus

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State of Punjab and another

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

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Present: - Ms. Harpreet Kaur, Advocate for the petitioners.

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Mr. Vinay Kumar Gupta, Assistant Advocate General, Punjab.

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Mr. S.S. Maini, Advocate for respondent No. 2.

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ASHOK KUMAR VERMA, J. (ORAL)

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The petitioners have filed the present petition under Section 482 Cr.P.C., for quashing FIR No. 131 dated 01.07.2020 (Annexure P-1), registered under Sections 451, 380, 447, 436, 511, 427, 506, 148 and 149 IPC at Police Station Sadar, Bathinda and all the consequential proceedings arising therefrom, on the basis of compromise dated 09.02.2022 (Annexure P-2) effected between the parties.

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Pursuant to the order dated 19.05.2022 passed by a co-ordinate Bench of this Court, the parties appeared before the learned Judicial Magistrate Ist Class, Bathinda, to get their statements recorded. Learned Judicial Magistrate Ist Class, Bathinda, submitted his report along with copies of statements of the parties vide letter No. 445 dated 13.06.2022 duly forwarded by learned District and Sessions Judge,

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RISHU KATARIA 2022.08.25 17:12 I attest to the accuracy and authenticity of this document

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CRM-M-18535-2022 -2-

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Bathinda, vide letter No. 987 dated 14.06.2022.

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I have heard learned Counsel for the petitioners, learned State Counsel and learned Counsel for respondent No. 2 and gone through the relevant record.

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It is now well settled that the High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties for securing the ends of justice or to prevent abuse of the process where the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case. Criminal cases having overwhelmingly and predominantly civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute can be quashed when the parties have resolved their entire dispute among themselves. However, such power cannot be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. which are not private in nature and have a serious impact on society. Similarly, prosecution for offences alleged to have been committed under special enactments like the Prevention of Corruption Act or the offences committed by public servant while working in that capacity cannot be quashed on the basis of compromise between the victim and the offender. For judicial precedents in this regard, reference may be made to Narinder Singh Vs. State of Punjab (Supreme Court) : 2014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi

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RISHU KATARIA 2022.08.25 17:12 I attest to the accuracy and authenticity of this document

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CRM-M-18535-2022 -3-

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Narayan and others (Supreme Court) : 2019 (2) RCR (Criminal) 255 and Kulwinder Singh and others Vs. State of Punjab and others (Punjab and Haryana High Court) : 2007 (3) RCR (Criminal) 1052.

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According to the report, learned Judicial Magistrate Ist Class, Bathinda, is satisfied that the compromise effected between the parties is genuine, voluntary and without any coercion or undue influence.

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Considering the report of learned Judicial Magistrate Ist Class, Bathinda, dated 13.06.2022 and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No. 131 dated 01.07.2020 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioners only.

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Disposed of, accordingly

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August 24, 2022 (ASHOK KUMAR VERMA) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2022.08.25 17:12 I attest to the accuracy and authenticity of this document

Joginder Singh Kala and Ors. v. State of Punjab and Anr.

Case brief

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Joginder Singh Kala and Ors. v. State of Punjab and Anr.

Case brief

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