Quashed

Hardeep Singh and Ors. v. State of Punjab and Another

Punjab & Haryana HC22 Aug 2022CRM-M/9921/2022

Case brief

AI extract

What is this about?

The High Court quashed FIR No. 70 and subsequent proceedings registered under sections of the IPC. The petition, filed under Section 482 Cr.P.C., relied on a compromise between the parties. The court noted the Judicial Magistrate's report confirming the compromise was genuine and voluntary, and quashed the case to secure the ends of justice.

What did the court decide?

FIR No. 70 dated 03.07.2021 and all subsequent proceedings arising therefrom, qua the petitioners, were quashed.

Hardeep Singh and Ors. Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2022)

¶1

-1-

¶2

CRM-M-9921-2022

¶3

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶4

CRM-M-9921-2022

¶5

Date of Decision: 22.08.2022

¶6

Hardeep Singh and others

¶7

.... Petitioners

¶8

Versus

¶9

State of Punjab and another

¶10

.... Respondents

¶11

CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

¶12

Present: - Mr. Manpreet Singh, Advocate for the petitioners.

¶13

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

¶14

Mr. D.S. Kahlon, Advocate for respondent No. 2.

¶15

ASHOK KUMAR VERMA, J. (ORAL)

¶16

The petitioners have filed the present petition under Section 482 Cr.P.C., for quashing FIR No. 70 dated 03.07.2021 (Annexure P-1), registered under Sections 452, 326, 323 read with Section 34 IPC at Police Station Ghuman, Tehsil Batala, District Gurdaspur and all the consequential proceedings arising therefrom, on the basis of compromise Annexure P-2 effected between the parties.

¶17

Pursuant to the orders dated 09.03.2022 and 04.05.2022 passed by a co-ordinate Bench of this Court, the parties appeared before the learned Judicial Magistrate Ist Class, Batala, to get their statements recorded. Learned Judicial Magistrate Ist Class, Batala, submitted his report along with statements of the parties vide letter No. 402 dated

¶18

RISHU KATARIA 2022.08.25 11:01 I attest to the accuracy and authenticity of this document

¶19

-2-

¶20

CRM-M-9921-2022

¶21

06.06.2022 duly forwarded by learned District and Sessions Judge, Gurdaspur, vide letter No. 11591/RKT dated 09.06.2022.

¶22

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

¶23

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) :

¶24

RISHU KATARIA 2022.08.25 11:01 I attest to the accuracy and authenticity of this document

¶25

-3-

¶26

CRM-M-9921-2022

¶27

2014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi 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.

¶28

According to the report, learned Judicial Magistrate Ist Class, Batala, is satisfied that the compromise effected between the parties is genuine and voluntary.

¶29

Considering the report of learned Judicial Magistrate Ist Class, Batala dated 06.06.2022 and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No. 70 dated 03.07.2021p (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioners only.

¶30

Disposed of, accordingly

¶31

August 22, 2022 (ASHOK KUMAR VERMA) rishu JUDGE

¶32

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

¶33

RISHU KATARIA 2022.08.25 11:01 I attest to the accuracy and authenticity of this document

Hardeep Singh and Ors. v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Hardeep Singh and Ors. v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sukhwinder Singh Vs State of Punjab and Another

Devender Singh Vs State of Haryana

Arjun Singh Vs Ram Bilash

Jasbir Singh @ Jassi Vs State of Haryana

Satya Prakash Vs State of Haryana

Satpal Singh Vs State of Punjab & Ors.