Allowed

Sajan Alias Ravi and Other v. State of Punjab and Others

Punjab & Haryana HC10 Dec 2024CRM-M/12163/2024

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court quashed an FIR registered under various IPC sections. The court upheld the validity of a compromise affidavit executed between petitioners and respondents, noting the statements were voluntary and genuine, and the dispute was amicably settled.

What did the court decide?

FIR No. 170 dated 07.06.2023 under Sections 363, 366, 506, 120-B IPC and all consequential proceedings are quashed qua the petitioners based on compromise affidavit dated 15.02.2024.

Sajan Alias Ravi and Other Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2024)

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CRM-M-12163-2024 -1-

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IN THE HI G H COURT OF PUNJAB AND H ARYANA AT CHANDIGARH 234 CR M -M-12163-2024

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Dat e of Decision: 10.12.2024

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Sajan @ Ravi and others .… Petitioners

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Versus

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State of P u njab and others .... Respondents

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - Mr. PS Kanwar, Advocate for the petitioners.

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Ms. Aakanksha Gupta, AAG, Punjab.

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Ms. Garima Chaudhary, Adv o cate for respondents No. 2 and 3.

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NIDHI GUPTA, J. (ORAL)

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Prayer in this petition filed u n der Section 482 Cr.P.C., is for quashing o f FIR No. 170 dated 07.06.2 0 23 (Annexure P-1) registered under Se c tions 363, 366, 506, 120-B IPC at Police Station Sadar Amritsar, District Amritsar and all con s equential proceedings arising therefrom, on the basis of compromise/affidavit dated 15.02.2024 (Annexure P-2) effected between the parti e s.

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Pursuant to the order dated 0 5 .08.2024 passed by this Court, the parties have appeared before the lea r ned Additional Chief Judicial Magistrate , Amritsar, to get their statemen t s recorded. Learned Additional Chief Judi c ial Magistrate, Amritsar, has s ubmitted his report along with copies of statements of the parties vid e letter dated 27.09.2024 duly forwarded by the learned District and Sess i ons Judge, Amritsar.

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A perusal of the above sai d report would show that the petitioners and respondent No. 2 have a p peared before the learned trial

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RISHU KATARIA 2024.12.13 15:55 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-12163-2024

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Court and s uffered statements with respec t to the compromise which have been foun d to be genuine, voluntary and w ithout any coercion and undue influence. I t has further been reported tha t petitioner No. 1Sajan @ Ravi is also in v olved in another case bearing FIR No. 183/2022 registered under Sect i ons 323, 324, 325, 326, 506, 1 4 8 and 149 IPC at Police Station Sadar, Am r itsar.

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Learned counsel for the peti t ioners, inter alia, submits that the prese n t FIR came to be registered on the basis of statement of responden t No. 2-Balbeer Singh/father of the victim/respondent No. 3 herein. It i s submitted that the date of inci d ent is 02.06.2023, however, the impugned FIR was registered on 07.06. 2 023. Learned counsel submits that the vi c tim in her statement recorded under Section 164 Cr.P.C. has not suppor t ed that case of the prosecution a nd has categorically stated that she had g o ne with the petitioner No. 1 o f her own free will and accord. Petitioners No. 2 to 4 are the parents and b rother of petitioner No. 1. Now better sen s e has prevailed between the parties and in order to live peacefully , parties have entered into co m promise vide affidavit dated 15.02.202 4 (Annexure P-2) executed by r espondent No. 2, according to which, bot h the parties have agreed not to proceed further with the FIR in question.

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Learned counsel for the Sta t e has stated that she has ‘no objection’ in case the FIR is quashed on t h e basis of compromise qua the petitioners .

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This Court has heard the lear n ed counsel for the parties and has peruse d the file.

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RISHU KATARIA 2024.12.13 15:55 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-12163-2024

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After perusing the report sub m itted by the learned Additional Chief Judi c ial Magistrate, Amritsar, this C ourt finds that the matter has been amic a bly settled between the petition e rs and respondent No. 2. Since the matter has been settled and the partie s have decided to live in peace, this Court feels that in order to secure t h e ends of justice, the criminal proceedin g s deserve to be quashed.

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As per the Full Bench judgm e nt of this Court in “Kulwinder Singh and others Vs State of Punjab”, 2007 (3) RCR (Criminal) 1052, it is held tha t High Court has power under Section 482 Cr.P.C. to allow the compound i ng of non-compoundable offe n ce and quash the proceedings where the H igh Court is of the opinion tha t the same is required to prevent the abuse o f the process of law or otherwi s e to secure the ends of justice. This powe r of quashing is not confined to m atrimonial disputes alone.

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Hon'ble Apex Court in the case of “Gian Singh Vs. State of

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Punjab and another”, 2012 (4) RCR (Criminal) 543, had also observed that in or d er to secure the ends of justice or to prevent the abuse of process o f Court, inherent power can b e used by this Court to quash criminal proceedings in which a compr o mise has been effected. The relevant p o rtion of para 57 of the said j u dgment is reproduced here-inbelow:-

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“57. The position that emer g es from the above discussion can be summarised thus: th e power of the High Court in quashing a criminal procee d ing or FIR or complaint in exercise of its inherent juris d iction is distinct and different from the power given to a c r iminal court for compounding the offences under Section 32 0 of the Code. Inherent power is of wide plenitude with no stat u tory limitation but it has to be

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RISHU KATARIA 2024.12.13 15:55 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-12163-2024

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exercised in accord with th e guideline engrafted in such power viz; (i) to secure the e n ds of justice or (ii) to prevent abuse of the process of any C o urt.”

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In view of what has been discussed here-in-above, this petition is allowed and FIR No. 170 dat e d 07.06.2023 (Annexure P-1) registered under Sections 363, 366, 506 , 120-B IPC at Police Station Sadar A m ritsar, District Amritsar and all consequential proceedings arising the r efrom, on the basis of compro m ise/affidavit dated 15.02.2024 (Annexure P-2) effected between the par t ies, are ordered to be quashed qua the pe t itioners.

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10.12.2024 ( NIDHI GUPTA ) rishu JUDGE

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Whether speaking/reasoned Yes/No

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Whether Reportable Yes/No

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RISHU KATARIA 2024.12.13 15:55 I attest to the accuracy and authenticity of this order/judgment.

Sajan Alias Ravi and Other v. State of Punjab and Others

Case brief

What is this about?

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Sajan Alias Ravi and Other v. State of Punjab and Others

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