CRM-M-[SECTION]04 of 2017 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-[SECTION]04 of 2017 Date of Decision: September 27, 2017 [ENTITY] and others Petitioners Versus [ENTITY] and another Respondents CORAM:HON'BLE MR. JUSTICE [ENTITY] Present: Mr.[ENTITY], Advocate for the petitioners. Mr. [ENTITY], Assistant Advocate General, Punjab. Mr.[ENTITY], Advocate for respondent No.2 [ENTITY], J.
Petitioners have filed the present petition under [SECTION] of the [ACT] for quashing of FIR No.112 dated 14.10.2015, under [SECTION], [SECTION], [SECTION] [SECTION] of the [ACT] ('[ACT]' for short) and [SECTION] of the [ACT] registered at Police Station Jhabhal, District Tarn Taran (Annexure P1) and all consequential proceedings arising therefrom, on the basis of compromise dated 15.11.2015 (Annexure P2) .
Vide order dated 31.8.2017, a direction was given to the Illaqa Magistrate/trial Court to record the statements of the parties and submit a report regarding the genuineness of the compromise effected between the 1 of 3 parties and also to intimate whether any case is pending against either of the parties and if any proceeding to declare any accused proclaimed offender is pending or not.
In pursuance thereof, the trial Court has submitted a report dated 12.9.2017 (forwarded by the District and Sessions Judge, Gurdaspur on 13.9.2017), after recording the statements of the parties, has submitted that the complainant-[ENTITY] and accused-[ENTITY], [ENTITY] and [ENTITY] have appeared along with their respective counsel, who had identified them and got their statements recorded acknowledging that the compromise had been effected voluntarily, without any coercion or any undue influence. This fact is not disputed by learned State Counsel,who has submitted, on instructions from Assistant Sub Inspector-[ENTITY], Investigating Officer that the petitioners are not the proclaimed offender.
Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under [SECTION] of the Code. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court of India in "Gian Singh vs [ENTITY] and another", 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end.
As per the Full Bench judgement of this Court in 2 of 3 Kulwinder Singh and others vs. [ENTITY], 2007 (3) RCR (Criminal) 1052, High Court has power under [SECTION] [ACT] to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.
Accordingly, this petition is allowed. FIR No.112 dated 14.10.2015, under [SECTION], [SECTION], [SECTION] [SECTION] [ACT] and [SECTION] of the [ACT] registered at Police Station Jhabhal, District Tarn Taran (Annexure P1) and all the consequential proceedings, arising therefrom, are ordered to be quashed.
([ENTITY]) JUDGE September 27, 2017 arya Whether speaking/reasoned: Yes Whether Reportable:Yes 3 of 3