Allowed

Simranjit Kaur and Others v. State of Punjab and Another

Punjab & Haryana HC29 Jul 2024CRM-M/22463/2024

Case brief

AI extract

What is this about?

This High Court allowed a petition under Section 482 Cr.P.C. to quash an FIR and consequential proceedings based on a genuine compromise deed. Relying on established precedents, the court found the settlement amicable and genuine, deciding that quashing the proceedings served the ends of justice by preventing abuse of process.

What did the court decide?

The FIR dated 04.08.2021 under Sections 420 and 120-B IPC and all other consequential proceedings were quashed qua the petitioners based on the compromise deed dated 16.04.2024.

Simranjit Kaur and Others Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2024)

CRM-M-22463-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-22463-2024 Date of Decision : 29.07.2024

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SIMRANJIT KAUR 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 MS. JUSTICE KIRTI SINGH

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Present: Mr. Aharjot Grewal, Advocate for Mr. Prateek Sodhi, Advocate for the petitioners.

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Mr. Ravinder Singh, AAG Punjab.

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Ms. Garima, Advocate for Mr. Umesh Aggarwal, Advocate for respondent No. 2.

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KIRTI SINGH, J.(Oral)

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The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.23, dated 04.08.2021, registered under Sections 420 and 120-B of IPC at Police Station NRI, District Police Commissionerate Amritsar (Annexure P-1) and all other consequential proceedings arising therefrom on the basis of the compromise deed dated 16.04.2024 (Annexure P-2).

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Heard learned counsel for the parties and also gone through the case file.

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This Court vide order dated 06.05.2024, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise.

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Pursuant to the aforesaid order, report dated 16.07.2024 has been

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KAVITA NAIN 2024.07.30 09:59 I attest to the accuracy and integrity of this document order/judgment

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CRM-M-22463-2024

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received from the Judicial Magistrate 1^st Class, Amrtisar. A perusal of the said reports reveal that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence and coercion. It is stated in the report that there are three accused. None of them has been declared as proclaimed offender and are not involved in any other FIR.

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The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052 , held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court is of the view that the same was 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 the Supreme Court in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 , had 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 reads thus:-

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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.

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Inherent power is of wide plenitude with no statutory limitation but

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KAVITA NAIN 2024.07.30 09:59 I attest to the accuracy and integrity of this document order/judgment

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CRM-M-22463-2024

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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

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the process of any Court.

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xxx xxx xxx. ”

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In view of the afore-referred judgments, perusing the reports of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed.

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Resultantly, the present petition is allowed and FIR No.23, dated 04.08.2021, registered under Sections 420 and 120-B of IPC at Police Station NRI, District Police Commissionerate Amritsar (Annexure P-1), and all other consequential proceedings are quashed qua the petitioners on the basis of the compromise deed dated 16.04.2024 (Annexure P-2).

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(KIRTI SINGH) 29.07.2024 JUDGE Kavita Nain Whether speaking/reasoned? Yes/No Whether reportable? Yes/No

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KAVITA NAIN 2024.07.30 09:59 I attest to the accuracy and integrity of this document order/judgment

Simranjit Kaur and Others v. State of Punjab and Another

Case brief

What is this about?

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Simranjit Kaur and Others v. State of Punjab and Another

Case brief

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