Allowed

Akam Singh v. State of Haryana and Others

Punjab & Haryana HC29 Oct 2024CRM-M/13773/2024

Case brief

AI extract

What is this about?

Single judge allowed petitioner’s F.I.R. quashing petition under Section 482 Cr.P.C. invoking inherent jurisdiction to prevent abuse of process and secure ends of justice, citing compromise between accused and victim.

What did the court decide?

F.I.R. No. 18 dated 28.1.2018 registered under Sections 323, 341, 354-B and 506 IPC and all consequential proceedings were ordered to be quashed qua the petitioner.

Akam Singh Vs State of Haryana… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2024)

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CRM-M-13773-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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261

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Criminal Misc. No. M-13773 of 2024 Date of decision :-29.10.2024

Akam Singh

…..Petitioner

Versus

State of Haryana and others

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…..Respondents

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CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. S.S. Brar, Advocate for the petitioner.

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Ms. Deepshikha Chauhan, A AG, Haryana. Mr. M.S. Chauhan, Advocat e for respondents No.2 to 6.

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NIDHI GUPTA J. (Oral)

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The petitioner has filed the p resent petition under Section 482 Cr.P.C., for quashing of FIR No.18 d ated 28.1.2018 (Annexure P- 1/T) und e r Sections 323, 341, 354-B and 506 IPC, registered at Police Station D abwali Sadar, District Sirsa and all the consequential proceedi n gs arising therefrom, on the basis of compromise dated 20.7.202 3 (Annexure P-2/T) effected bet w een the parties.

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Pursuant to the order date d 18.3.2024 passed by a coordinate Bench of this Court, the part i es were directed to appear before the learned Illaqa/Duty Magistra t e concerned to record their statemen t s with regard to the compromis e dated 20.7.2023 (Annexure P-2/T). However, after receiving the r eport from the learned Sub Division a l Judicial Magistrate, Dabwali d ated 20.4.2024 it was found

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VIJAY ASIJA 2024.10.29 19.21 I attest to the accuracy and integrity of this document

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CRM-M-13773-2024

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that only statements of the petitioner an d respondent No.2 have been recorded, however, respondents No.3 to 6 had not appeared before the learned t r ial Court on the date fixed fo r recording their statements, therefore , their statements could not be recorded. Vide order dated 09.7.202 4 , on request of learned counsel for the petitioner, this Court had gra n ted one more opportunity t o record the statements of responde n ts No.3 to 6 before the learned trial Court/Illaqa Magistrate concerne d . Accordingly, in compliance of order dated 09.7.2024 passed b y this Court, respondents No. 3 to 6 appeared before the learned S ub Divisional Judicial Magistr a te, Dabwali on 29.7.2024 to get their statements recorded. Learn e d Sub Divisional Judicial Magistra t e, Dabwali, has submitted his report along with copies of statemen t s of the parties vide letters da t ed 20.4.2024 and 29.7.2024 duly for w arded by the learned District an d Sessions Judge, Sirsa.

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A perusal of the above said reports would show that the petitione r and the respondents No.2 to 6 have appeared and suffered statemen t s with respect to the compromi s e, which have been found to be witho u t any pressure, coercion, threat o r undue influence.

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Learned counsel for the p e titioner submits that as per report, p e titioner is the only accused pers o n in the present FIR and has never be e n declared as proclaimed offen d er.

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Learned State counsel h a s stated that he has ‘no objection’ in case the FIR is quashed on the basis of compromise qua the petiti o ner.

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This Court has heard the le a rned counsel for the parties and has perused the file.

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VIJAY ASIJA 2024.10.29 19.21 I attest to the accuracy and integrity of this document

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CRM-M-13773-2024 3

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After perusing the report s u bmitted by the learned Sub Division a l Judicial Magistrate, Dabwal i , this Court finds that the matter h as been amicably settled b e tween the petitioner and responde n ts No.2 to 6. Since the matt e r has been settled and the parties h a ve decided to live in peace, this Court feels that in order to secure t h e ends of justice, the crimina l proceedings deserve to be quashed.

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As per the Full Bench judgment of this Court in “Kulwinder Singh and others Vs State of Punjab”, 2007 (3) RCR (Criminal) 1052, it is held that High C o urt has power under Section 482 Cr.P . C. to allow the compounding o f non-compoundable offence and quas h the proceedings where the Hig h Court is of the opinion that the same is required to prevent the ab u se of the process of law or otherwis e to secure the ends of justice. T his power of quashing is not confined t o matrimonial disputes alone.

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Hon'ble Apex Court in the c a se of “Gian Singh Vs. State of Punjab and another”, 2012 (4) RCR (Criminal) 543, had also observed that in order to secure the end s of justice or to prevent the abuse of p rocess of Court, inherent powe r can be used by this Court to quash cri m inal proceedings in which a c o mpromise has been effected. The rele v ant portion of para 57 of the s aid judgment is reproduced here-in-b e low:-

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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 jurisdiction is distinct and different from the power g i ven to a criminal court for compounding the offences u n der Section 320 of the Code. Inherent power is of wide plenitude with no statutory

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VIJAY ASIJA 2024.10.29 19.21 I attest to the accuracy and integrity of this document

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CRM-M-13773-2024 4

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limitation but it has to be e xercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to pr e vent abuse of the process of any Court.”

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In view of what has been d iscussed here-in-above, this petition i s allowed and FIR No.18 dated 28.1.2018 (Annexure P-1/T) under Sections 323, 341, 354-B and 5 0 6 IPC, registered at Police Station D abwali Sadar, District Sirsa and all the consequential proceedi n gs arising therefrom on the bas i s of compromise are ordered to be qua s hed qua the petitioner.

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October 2 9, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2024.10.29 19.21 I attest to the accuracy and integrity of this document

Akam Singh v. State of Haryana and Others

Case brief

What is this about?

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Akam Singh v. State of Haryana and Others

Case brief

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