The power of quashing not confined to matrimonial disputes alone: HC

Read Order: Suraj Parkash and others v. State of Punjab and others 

 Vivek Gupta

Chandigarh, July 16, 2021: While quashing an FIR in an assault case, the Punjab and Haryana High Court has held that 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 Courts 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,” observed a Bench of Arvind Singh Sangwan.

The Bench reached the decision after it noticed that the parties involved in a criminal matter have arrived at a compromise and have decided to live in peace. Therefore, no useful purpose would be served in allowing the criminal proceedings to continue, it stated.

The matter pertained to the petition seeking quashing of an FIR dated 09.05.2019 for offence punishable under Sections 323, 324, 341, 148, 149, 506 of the Indian Penal Code, 1860  and cross case registered as per FIR dated 10.05.2019 under Sections 323, 324 IPC, at Police Station Pojewal, District S.B.S. Nagar, Punjab.  

By order dated 31.03.2021, the parties were directed to appear before the trial Court to get their statements recorded with regard to genuineness of the compromise.

“A report dated 29.04.2021 has been submitted by the Sub Divisional Judicial Magistrate, Balachaur, wherein it has been reported that statements of the petitioners and respondent Nos.2 to 4 have been recorded and statements made by the parties in the Court reveal that they have voluntarily entered into a compromise and the Court is satisfied that the parties have amicably settled their dispute without any fear, pressure, threat or coercion and out of their free will,” the Bench said.

Counsel for the petitioners submitted that no other criminal case was pending between the parties and none of the petitioners was declared as proclaimed offender.

“After perusing the report submitted by the trial Court, this Court is of the opinion that the matter has been amicably settled between the petitioners and respondent/victims, who have decided to bury their dispute and live in peace,” stated the bench.

The Bench cited “Kulwinder Singh and others vs State of Punjab where it was 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”.

Quoting a judgement of the Supreme Court in the case of Gian Singh vs State of Punjab and another, the court held that 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.

“In view of what has been discussed hereinabove, the petition is allowed and FIR No.0016 and crosscase at Police Station Pojewal, District S.B.S. Nagar and proceedings emanating therefrom are ordered to be quashed,” it ruled.