Crl. Misc. M 28414 of 2016 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Crl. Misc. M 28414 of 2016
Date of decision: 08.05.2017
Bhagwan Singh alias Mitha …….. Petitioner
State of Punjab and others …….Respondents
Coram: Hon’ble Mrs. Justice Rekha Mittal
Present: Mr. Navkesh Singh, Advocate
for the petitioner
Mr. Mikhail Kad, AAG, Punjab
None for respondents No. 2 and 3
Rekha Mittal, J.
Through the present petition filed under Section 482 of the
Code of Criminal Procedure (in short, ‘Cr.P.C.’), the petitioner prays for
quashing of FIR No. 0008 dated 13.01.2016 for offence punishable under
Section 354 of the Indian Penal Code (in short, ‘IPC’) registered with Police
Station Payal, Khanna, District Ludhiana and proceedings emanating
therefrom on the basis of compromise dated 03.06.2016 (Annexure P-2)
arrived at between the parties.
Counsel for the petitioners states that the petitioner and
respondents No. 2 and 3 have resolved their dispute vide compromise deed
Vide order dated 16.01.2017, the parties were directed to
appear before the Illaqa Magistrate/trial Court to get their statements
recorded with regard to genuineness of compromise.
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Crl. Misc. M 28414 of 2016 2
Pursuant thereto, a report has been submitted by the Sub
Divisional Judicial Magistrate, Payal wherein it has been reported that
statements of the parties have been recorded and they have voluntarily
compromised the matter.
Counsel for the State does not dispute genuineness of the
compromise in view of report of the Court below.
There is no representation on behalf of respondents No. 2 and
A perusal of allegations in the FIR reveals that the present case
squarely falls in that category of cases which can be quashed by the High
Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping
in view the authoritative enunciation of law laid down by Hon’ble the
Supreme Court in ‘Gian Singh v. State of Punjab 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
In this view of the matter, the petition is allowed and FIR No.
0008 dated 13.01.2016 for offence punishable under Section 354 IPC
registered with Police Station Payal, Khanna, District Ludhiana and
proceedings emanating therefrom on the basis of compromise dated
03.06.2016 stand quashed qua the petitioner.
Whether speaking/reasoned : Yes/No
whether reportable : Yes/No
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