Allowed

Deepak Angi and Others v. State of Punjab and Another

Punjab & Haryana HC16 Dec 2024CRM-M/6530/2024

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. to quash an FIR registered for matrimonial offences. The court found the offence to be amicable and the matter settled via a compromise petition, ordering the quashing to secure the ends of justice.

What did the court decide?

FIR No. 107 dated 16.6.2023 registered at Police Station Dugri under Sections 323, 354-B, 506, 509 and 34 IPC and all consequent proceedings are quashed qua the petitioners.

Deepak Angi and Others Vs Stat… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2024)

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CRM-M-6530-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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222

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Criminal Misc. No. M-6530 of 2024 Date of decision :-16.12.2024

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Deepak Angi 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 NIDHI GUPTA

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Present:Mr. Himendra Pal Singh, Ad v ocate for the petitioners.

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Ms. Guramrit Kaur, DAG, P u njab.

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Mr. Rajat Singh, Advocate fo r respondent No.2.

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NIDHI GUPTA J. (Oral)

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The petitioners who are husb a nd, brothers-in-law, sister-inlaw and m other-in-law of the complainant / respondent No. 2 herein have filed the p resent petition under Section 48 2 Cr.P.C., for quashing of FIR No.107 d ated 16.6.2023 (Annexure P-1) under Sections 323, 354-B, 506, 509 and 34 IPC (wrongly mentione d as 120-B IPC in the prayer clause), r e gistered at Police Station Dugri, District Ludhiana and all the conseque n tial proceedings arising therefro m , on the basis of compromise in the sh a pe of petition filed under Sectio n 13-B of Hindu Marriage Act (Annexur e P-2).

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Pursuant to the order dated 0 3 .7.2024 passed by this Court, the parti e s appeared before the learned J udicial Magistrate 1^st Class, Ludhiana , to get their statements recorded . Learned Judicial Magistrate 1^st Class, L udhiana, has submitted his repo r t along with statements of the parties v i de letter dated 09.10.2024 du l y forwarded by the learned

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VIJAY ASIJA 2024.12.19 18.13 I attest to the accuracy and integrity of this document

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CRM-M-6530-2024

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District a n d Sessions Judge, Ludhiana.

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A perusal of the above sai d report would show that the petitioner s and respondent No.2 have app e ared and suffered statements with respect to the compromise, which h ave been found to be valid, genuine, v oluntary and without any coerci o n or undue influence.

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Learned counsel for the petit i oners submits that the present FIR ema n ates from the matrimonial disp u te between the parties. He further s u bmits that as per report, all t h e accused are party to the comprom i se and they have never been dec l ared as proclaimed offenders. Learned State counsel as w e ll as learned counsel for the complain a nt/respondent No.2 have stated t h at they have ‘no objection’ in case the F IR is quashed on the basis of co m promise qua the petitioners. This Court has heard the lear n ed counsel for the parties and has perus e d the file.

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After perusing the report sub m itted by the learned Judicial Magistrat e 1^st Class, Ludhiana, this Court finds that the matter has been amicably settled between the petitioners a n d respondent No.2. Since the matter ha s been settled and the parties hav e decided to live in peace, this Court fe e ls that in order to secure the e nds of justice, the criminal proceedi n gs deserve to be quashed.

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As per the Full Bench j udgment of this Court in “Kulwinder Singh and others Vs State of Punjab”, 2007 (3) RCR (Criminal) 1052, it is held that High Cour t has power under Section 482 Cr.P.C. t o allow the compounding of no n -compoundable offence and quash the proceedings where the High C o urt is of the opinion that the same is r e quired to prevent the abuse of t h e process of law or otherwise to secure the ends of justice. This power o f quashing is not confined to

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VIJAY ASIJA 2024.12.19 18.13 I attest to the accuracy and integrity of this document

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CRM-M-6530-2024

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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 relev a nt portion of para 57 of the said judgment is reproduced here-

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in-below: -

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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 cr i minal court for compounding the offences under Section 32 0 of the Code. Inherent power is of wide plenitude with no s t atutory limitation but it has to be exercised in accord with t h e guideline engrafted in such power viz; (i) to secure the en d s of justice or (ii) to prevent abuse of the process of any C o urt.” In view of what has been d iscussed here-in-above, this petition i s allowed and FIR No.107 dat e d 16.6.2023 (Annexure P-1) under Se c tions 323, 354-B, 506, 509 and 3 4 IPC (wrongly mentioned as 120-B IPC in the prayer clause), regist e red at Police Station Dugri, District L u dhiana, along with all other con s equential proceedings arising therefro m on the basis of compromise, are ordered to be quashed qua the petitioner s .

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Pending application(s), if any , shall stands disposed of.

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Decembe r 16, 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 2024.12.19 18.13 I attest to the accuracy and integrity of this document

Deepak Angi and Others v. State of Punjab and Another

Case brief

What is this about?

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Deepak Angi and Others v. State of Punjab and Another

Case brief

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