Allowed

Jasbir Singh and Others v. State of Punjab and Another

Punjab & Haryana HC9 Dec 2024CRM-M/8757/2024

Case brief

AI extract

What is this about?

This court allowed a second criminal petition to quash an FIR and consequential proceedings under Sections 323, 354, 506, 148, 149 IPC. The petitioners established an amicable compromise, supported by a Judicial Magistrate's report confirming voluntary settlement and lack of coercion, and obtained no objection from the State.

What did the court decide?

FIR No. 48 dated 31.5.2019 under Sections 323, 354, 506, 148, 149 IPC and all consequential proceedings are to be quashed qua the petitioners.

Jasbir Singh and Others Vs State of… — Criminal Trial and Appeal | Punjab & Haryana HC (2024)

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CRM-M-8757-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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240

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Criminal Misc. No. M-8757 of 2024 Date of decision :-09.12.2024

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Jasbir Singh 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. Manu Loona, Advocate for the petitioners.

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Ms. Aakanksha Gupta, AA G , Punjab.

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Mr. Yaseen Sethi, Advocate for respondent No.2.

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NIDHI GUPTA J. (Oral)

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The petitioners have filed the present second petition under S e ction 482 Cr.P.C., for quas h ing of FIR No.48 dated 31.5.201 9 (Annexure P-1) under Sectio n s 323, 354, 506, 148, 149 IPC, regi s tered at Police Station Khuhi K hera, District Fazilka and all the cons e quential proceedings arising therefrom, on the basis of compro m ise dated 11.12.2021 (Annexur e P-2) alongwith affidavit of the comp l ainant dated 09.2.2024 (Annex u re P-5) effected between the parties.

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Pursuant to the orders date d 20.02.2024 and 15.3.2024 passed b y this Court, the parties appeared before the learned Judicial Magistra t e 1^st Class, Fazilka, to get their statements recorded. Learned Judicial Magistrate 1^st Class, Fazilka, has submitted her report al o ng with copies of statements o f the parties vide letter dated

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VIJAY ASIJA 2024.12.11 11.52 I attest to the accuracy and integrity of this document

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CRM-M-8757-2024

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15.4.202 4 duly forwarded by the learne d District & Sessions Judge, Fazilka.

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A perusal of the above sai d report would show that the petitione r s and respondent No.2 ha v e 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 pe t itioners submits that as per report, p e titioners are the only accused p e rsons in the present FIR and have nev e r been declared as proclaimed o ffenders.

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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 ners.

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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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After perusing the report submitted by the learned Judicial M agistrate 1^st Class, Fazilka, th i s Court finds that the matter has been amicably settled between th e petitioners and respondent No.2. Si n ce the matter has been settled a n d the parties have decided to live in p e ace, this Court feels that in o rder to secure the ends of justice, t h e criminal proceedings deserve t o 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

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VIJAY ASIJA 2024.12.11 11.52 I attest to the accuracy and integrity of this document

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CRM-M-8757-2024

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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 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 is allowed and FIR No.48 date d 31.5.2019 (Annexure P-1) under Sections 323, 354, 506, 148, 1 4 9 IPC, registered at Police Station K huhi Khera, District Fazilka 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 petitioners.

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Decembe r 09, 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 2024.12.11 11.52 I attest to the accuracy and integrity of this document

Jasbir Singh and Others v. State of Punjab and Another

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Jasbir Singh and Others v. State of Punjab and Another

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