Allowed

Jit Singh and Another v. State of Punjab and Another

Punjab & Haryana HC3 May 2024CRM-M/10489/2024

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under Sections 354-A, 509, and 506 IPC read with Section 34 based on a compromise between the petitioners and the State, held to be voluntary and without coercion, to secure the ends of justice under Section 482 Cr.P.C.

What did the court decide?

FIR No. 0061 dated 13.09.2018 and consequential proceedings quashed qua the petitioners.

Jit Singh and Another Vs State of Punjab and Another — Quashing and FIR | Punjab & Haryana HC (2024)

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CRM-M-10489-2024 2024:PHHC:061325

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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213

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CRM-M-10489-2024 Date of Decision: May 03, 2024

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Jit Singh and another

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.… Petitioners

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Versus

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State of Punjab and another

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.... Respondent

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - Mr. Yashasvi Kapila, Advocate for the petitioners.

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Mr. Aakanksha Gupta, AAG., Punjab.

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Mr. J. S. Kang, Advocate for Mr. Abhimanyu Batra, Advocate for respondent No.2.

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NIDHI GUPTA, J. (ORAL)

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The petitioners have filed the present petition under Section 482 Cr.P.C., for quashing of FIR No. 0061 dated 13.09.2018 (Annexure P-1) registered under Sections 354-A, 509 and 506 read with Section 34 IPC at Police Station Bholath, District Kapurthala and all the consequential proceedings arising therefrom on the basis of compromise dated 18.01.2024 (Annexure P-2).

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Pursuant to the order dated 28.02.2024 passed by this Court, the parties appeared before the learned Sub Divisional Magistrate, Bholath to get their statements recorded. Learned Sub Divisional Magistrate, Bholath has submitted his report along with copies of statements of the parties vide letter dated 19.04.2024 duly forwarded by the learned District and Sessions Judge, Kapurthala.

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A perusal of the above said report would show that the petitioners and respondent have appeared and suffered statements with respect to the compromise

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ARCHANA ARORA 2024.05.03 15:56 I attest to the accuracy and integrity of this document

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CRM-M-10489-2024 2024:PHHC:061325

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dated 18.01.2024 (Annexure P-2), which have been found to be without any pressure, coercion, threat or undue influence.

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Learned counsel for the respondent No.2 and learned State Counsel has stated that they have ‘no objection’ in case the present FIR is quashed on the basis of compromise qua the petitioners.

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This Court has heard the learned counsel for the parties and has perused the file.

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After perusing the report submitted by the learned Sub Divisional Magistrate, Bholath this Court finds that the matter has been amicably settled between the petitioners and the respondent. 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.

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As per the Full Bench judgment of this Court in “Kulwinder Singh

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and others Vs State of Punjab”, 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 proceedings 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.

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Hon'ble Apex Court in the case of “Gian Singh Vs. State of Punjab and another”, 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 here-in-below:-

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ARCHANA ARORA 2024.05.03 15:56 I attest to the accuracy and integrity of this document

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CRM-M-10489-2024 2024:PHHC:061325

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“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 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.”

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In view of what has been discussed here-in-above, this petition is allowed and FIR No. 0061 dated 13.09.2018 (Annexure P-1) registered under Sections 354-A, 509 and 506 read with Section 34 IPC at Police Station Bholath, District Kapurthala and all the consequential proceedings arising therefrom on the basis of compromise dated 18.01.2024 (Annexure P-2) effected between the parties are ordered to be quashed qua the petitioners.

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May 03, 2024 ( NIDHI GUPTA ) archana JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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ARCHANA ARORA 2024.05.03 15:56 I attest to the accuracy and integrity of this document

Jit Singh and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Jit Singh and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

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