Allowed

Gurvel Singh and Others v. State of Punjab and Others

Punjab & Haryana HC13 Feb 2024CRM-M/28251/2023

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court quashed an FIR under Sections 323, 325, 147, and 149 IPC registered for a dispute, allowing the petitioners to compounding the offences based on a genuine compromise and the principle that continued prosecution would be an abuse of process.

What did the court decide?

FIR No. 0029 dated 22.04.2023 and all subsequent proceedings arising therefrom are quashed qua the petitioners on the basis of executed compromise.

Gurvel Singh and Others Vs State of Punjab… — Writ and Judicial Review | Punjab & Haryana HC (2024)

¶1

CRM-M-28251-2023 (O&M)

¶2

�

¶3

2024:PHHC:021246

¶4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶5

280

¶6

CRM-M-28251-2023 (O&M) Date of Decision: 13.02.2024

¶7

GURVEL SINGH AND OTHERS

¶8

....Petitioners

¶9

VERSUS

¶10

STATE OF PUNJAB AND OTHERS ....Respondents

¶11

CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA

¶12

Present : Mr. Parminder Singh Kanwar, Advocate for the petitioners.

¶13

Mr. Brijesh, AAG, Punjab.

¶14

Mr. Amit Arora, Advocate for respondent Nos.2 to 7.

¶15

MANISHA BATRA, J. (Oral)

¶16

The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.0029 dated 22.04.2023 under Sections 323, 325, 147, 149 IPC, 1860 (Section 92 of the Rights of Persons with Disabilities Act, 2016 added later on) registered at Police Station Chhola Sahib, District Tarn Taran (Annexure P-1) and all the subsequent proceedings arising therefrom, on the basis of compromise is annexed as Annexure P-3.

¶17

2 . The aforementioned FIR had been lodged by respondent Nos.2 to 7 and investigation was commenced thereon.

¶18

It is submitted by counsel for the petitioners that a compromise has been arrived at between the parties and they have resolved their inter se dispute, which was reduced into writing as compromise (Annexure P-3) annexed with the present petition as Annexure P-3.

¶19

Deepak Patwal 2024.02.16 14:10 I attest to the accuracy and integrity of this document chandigarh

¶20

CRM-M-28251-2023 (O&M) �

¶21

2024:PHHC:021246

¶22

On the basis of said compromise, the petitioners have prayed for quashing of the aforesaid FIR and all the subsequent proceedings on the ground that continuation of such proceedings would be a futile exercise.

¶23

This Court vide order dated 31.05.2023 had directed the parties to appear before the trial Court/Area Magistrate for recording their statements with regard to the genuineness of the compromise stated to have been arrived at between them. The trial Court/Area Magistrate was also directed to send their report along with the said statements.

¶24

Pursuant to the aforesaid order, The Judicial Magistrate 1^st Class, Tarn Taran has sent report vide endorsement No.284 dated 21.07.2023 to this Court along with photocopies of the statements of respondent Nos.2 to 7 and statement of the petitioners recorded on 15.07.2023 and statement of Investigating Officer ASIGurmukh Singh as recorded on 15.07.2023.

¶25

On the basis of these statements, it is submitted by learned Magistrate that the compromise effected between the parties is genuine, out of free Will and without any pressure or coercion. It is also mentioned in the report that apart from the petitioners, there is no other accused in the FIR and that the accused have not been declared proclaimed persons in this case.

¶26

I have heard learned counsel for the parties and besides perusing the report by learned Judicial Magistrate, have also perused the record.

¶27

It is well settled that the High Court has power to allow compounding of a non-compoundable offence and quash the prosecution under Section 482 of Cr.P.C. where it feels that the same is required to prevent the abuse of process of law or otherwise to secure the ends of justice. Such power is not confined to

¶28

Deepak Patwal 2024.02.16 14:10 I attest to the accuracy and integrity of this document chandigarh

¶29

CRM-M-28251-2023 (O&M)

¶30

�

¶31

2024:PHHC:021246

¶32

matrimonial disputes alone. In this regard, reference can be made to a Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab, 2007 (3) RCR (Criminal) 1052 . It is equally settled position of law that the power of High Court in quashing criminal proceedings or FIR or complaint in exercise of its inherent jurisdiction is of wide plenitude with no statutory limitation. Such power can certainly be exercised in cases relating to offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The High Court is required to consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law and whether to secure the ends of justice, it is appropriate to put an end to the criminal case and if the answer to such question is in affirmative, then the High Court is well within its jurisdiction to quash the criminal proceedings. Reference in this context can be made to Hon’ble Apex Court judgments cited as Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Narinder Singh and others vs. State of Punjab and another, 2014 (6) SCC 466.

¶33

In view of the proposition as settled in the aforementioned cases, this Court finds that continuation of proceedings would be an abuse process of the Court in the facts and circumstances of the present case which squarely falls within the ambit and parameters settled by judicial precedents and that allowing and accepting the prayer of the petitioners by quashing of the FIR would be securing the ends of justice, which is primarily the object of legislature enacted under Section 482 of Cr.P.C. Accordingly, the petition is allowed and the FIR No.0029

¶34

Deepak Patwal 2024.02.16 14:10 I attest to the accuracy and integrity of this document chandigarh

¶35

CRM-M-28251-2023 (O&M) �

¶36

2024:PHHC:021246

¶37

dated 22.04.2023 under Sections 323, 325, 147, 149 IPC, 1860 (Section 92 of the Rights of Persons with Disabilities Act, 2016 added later on) registered at Police Station Chhola Sahib, District Tarn Taran (Annexure P-1) and all the subsequent proceedings arising therefrom, are ordered to be quashed qua the petitioners on the basis of compromise (Annexure P-3).

¶38

Needless to say that the parties shall remain bound by the terms and conditions of the compromise and statements as recorded before learned Judicial Magistrate.

¶39

13.02.2024

¶40

( MANISHA BATRA ) JUDGE

¶41

Deepak Patwal

¶42

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

¶43

Deepak Patwal 2024.02.16 14:10 I attest to the accuracy and integrity of this document chandigarh

Gurvel Singh and Others v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Gurvel Singh and Others v. State of Punjab and Others

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

Kuldeep Vs State of Haryana

Sachin Vs State of Haryana

Zabid Vs State of Haryana

Sarabjit Kaur Vs State of Punjab and Ors.

Malkeet Singh and Ors. Vs State of Punjab and Another

Pooja Rani Vs State of Punjab and Others