IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
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Criminal Miscellaneous No. M-10266 of 2008
Date of Decision: 17.7.2008
Jarnail Singh and another --- Petitioners
Versus
State of Punjab and others --- Respondents
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CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
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PRESENT: Mr. Nandan Jindal, Advocate
for the petitioners.
Mr. Amandeep Singh, Assistant Advocate
General, Punjab.
Mr. Pankaj Sangari, Advocate
for private respondents.
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AJAY KUMAR MITTAL, J.
In this petition filed under Section 482 of the Code of Criminal
Procedure, the petitioners have prayed for quashing of a complaint under
Sections 419/420/ 467/468/471/ 120-B of the Indian Penal Code, bearing
No. 166 dated 24.1.2004, a copy of which has been attached with the
petition as Annexure P-1, and all consequential proceedings arising there
from, pending in the court of Shri Sanjiv Joshi, Sub Divisional Judicial
Magistrate, Dhuri.
A criminal complaint, Annexure P-1, was filed by Kartar Singh,
who was originally arrayed as respondent No.2 in this petition but he
having died during the pendency of the petition, his legal representatives
were brought on record by order dated 29.5.2008. It is averred that the
Criminal Misc.No. 10266-M of 2008 Pa
petitioners and respondent No.2 have now entered into compromise and
none of the parties is having any grievance or grudge against any of
them. A copy of the compromise has also been placed on record as
Annexure P-2. It is further averred that in view of the compromise, the
complainant-respondent No.2 does not wish to pursue the complaint and
a translated copy of an affidavit duly sworn by the complainant has been
appended to the petition as Annexure P-3.
In response to notice of motion, the respondents have put in
appearance in the court and they came present in person also. They got
recorded their statements in the context of the compromise having taken
place on behalf of Kartar Singh, the complainant, and the petitioners.
Balbir Kaur is the wife and Charanjit Kaur is the daughter of Kartar Singh
whereas Makhan Singh is the son of Amarjit Kaur daughter of Kartar
Singh. All of them have placed on record their respective affidavits,
which, during the course of their statements in the Court, have been
marked as Mark ‘A’, ‘B’ and ‘C’. In their statements, they deposed in
unison that they have compromised the matter without any pressure or
threat from any side. All of them deposed that their respective affidavits
on record contain their signatures/thumb impressions.
In view of the above, the question that would arise is,
whether a complaint in respect of non-compoundable offences can be
quashed. This question has been answered in the positive by a Full Bench
of this Court in Kulwinder Singh and others vs. State of Punjab and
another, 2007 (3) RCR (Criminal) 1052 wherein it has been observed
that the Court has the wide power to quash the proceedings even in non-
compoundable offences notwithstanding the bar contained in Section 320
of the Code of Criminal Procedure, in order to prevent the abuse of law
and to secure the ends of justice.
Criminal Misc.No. 10266-M of 2008 Pa
From the facts and circumstances noticed above, it is quite
clear that a compromise has been effected between the parties.
Compromise is always a best mode to eschew the differences between
the parties. This Court is, therefore, satisfied that the compromise is in
the larger interest of the parties.
In view of the above, the petition is allowed and the
complaint, Annexure P-1, and all the consequent proceedings arising
there from are quashed.
(AJAY KUMAR MITTAL)
July 17, 2008 JUDGE
*RKMALIK*