CRM-M-40516-2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-40516-2013 (OM)
Date of decision: 30.11.2017
Lambar @ Lehmbar Singh Johal
… Petitioner
Vs.
State of Punjab and another
… Respondents
CORAM: HON’BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Mohd. Yousaf, Advocate
for the petitioner.
Mr. Rana Harjasdeep Singh, AAG, Punjab.
Mr. Saurabh Arora, Advocate
for respondent No.2-Official Liquidator.
*******
ARVIND SINGH SANGWAN, J. (ORAL)
Prayer in this petition is for quashing of FIR No.14 dated
06.02.2013 (Annexure P-1) under Section 406 of the Indian Penal Code (‘IPC’
for short), registered at Police Station Ahmedgarh, District Sangrur and all the
subsequent proceedings arising therefrom.
This petition is pending since 2013 and vide order dated
17.03.2015, it was observed that there is a possibility of some amicable
settlement and thereafter on 13.11.2017, counsel for the parties stated that the
matter has been compromised between the parties and accordingly, the matter
was referred to the Mediation and Conciliation Centre of this Court for
recording their statements regarding the compromise.
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CRM-M-40516-2013 -2-
A report of the Mediator dated 20.11.2017 has been received and
on basis of statement of counsel for the petitioner as well as official liquidator,
it is reported that the matter has been settled between the parties. A receipt
regarding payment of Rs.40,000/- has also been attached with the report.
Since the matter has been amicably settled between and the parties
and they have decided to finish off all the litigations and resolved their dispute
against each other, no useful purpose would be served in allowing the criminal
proceedings against the petitioner in pursuance to the impugned FIR.
As per the Full Bench judgement of this Court in Kulwinder
Singh and others vs State of Punjab, 2007 (3) RCR (Criminal) 1052, it is
held that the High Court has power under Section 482 Cr.P.C. to allow the
compounding of non-compoundable offence and quash the prosecution where
the High Court feel that the same was required to prevent the abuse of the
process of law or otherwise to secure the ends of justice. This power of
quashing is not confined to matrimonial disputes alone.
Hon’ble the Apex Court in the case of Gian Singh vs State of
Punjab and another, 2012 (4) RCR (Criminal) 543, has held as under:-
“The position that emerges from the above discussion can be
summarised thus: the power of the High Court in quashing a
criminal proceeding or FIR or complaint in exercise of its inherent
jurisdiction is distinct and different from the power given to a
criminal court for compounding the offences under Section 320 of
the Code. Inherent power is of wide plenitude with no statutory
limitation but it has to be exercised in accord with the guideline
engrafted in such power viz; (i) to secure the ends of justice or (ii)
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CRM-M-40516-2013 -3-to prevent abuse of the process of any Court. In what cases power
to quash the criminal proceeding or complaint or F.I.R may be
exercised where the offender and victim have settled their dispute
would depend on the facts and circumstances of each case and no
category can be prescribed. However, before exercise of such
power, the High Court must have due regard to the nature and
gravity of the crime. Heinous and serious offences of mental
depravity or offences like murder, rape, dacoity, etc. cannot be
fittingly quashed even though the victim or victim’s family and the
offender have settled the dispute. Such offences are not private in
nature and have serious impact on society. Similarly, any
compromise between the victim and offender in relation to the
offences under special statutes like Prevention of Corruption Act
or the offences committed by public servants while working in that
capacity etc; cannot provide for any basis for quashing criminal
proceedings involving such offences. But the criminal cases having
overwhelmingly and pre-dominatingly civil flavour stand on
different footing for the purposes of quashing, particularly the
offences arising from commercial, financial, mercantile, civil,
partnership or such like transactions or the 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. In this category of cases, High
Court may quash criminal proceedings if in its view, because of
the compromise between the offender and victim, the possibility of
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CRM-M-40516-2013 -4-conviction is remote and bleak and continuation of criminal case
would put accused to great oppression and prejudice and extreme
injustice would be caused to him by not quashing the criminal case
despite full and complete settlement and compromise with the
victim. In other words, the High Court must consider whether it
would be unfair or contrary to the interest of justice to continue
with the criminal proceeding or continuation of the criminal
proceeding would tantamount to abuse of process of law despite
settlement and compromise between the victim and wrongdoer and
whether to secure the ends of justice, it is appropriate that
criminal case is put to an end and if the answer to the above
question(s) is in affirmative, the High Court shall be well within its
jurisdiction to quash the criminal proceeding.”
In view of what has been discussed hereinabove, this petition is
allowed and FIR No.14 dated 06.02.2013 (Annexure P-1) under Section 406
IPC, registered at Police Station Ahmedgarh, District Sangrur and all the
subsequent proceedings arising therefrom are ordered to be quashed qua the
petitioner.
[ ARVIND SINGH SANGWAN ]
30.11.2017 JUDGE
vishnu
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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