Shaffi @ Mohd.Shafir and others vs State of Punjab and others

Petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.57 dated

30.3.2016 under Sections 324, 323, 341, 379, 148 and 149 of the Indian Penal Code, 1860 (''IPC'' for short) registered at Police Station

Kamboj, District Amritsar Rural (Annexure P2) and all consequential proceedings arising therefrom, on the basis of compromise/affidavit dated

5.5.2016 (Annexure P1) .

Vide order dated 17.11.2017, a direction was given to the trial Court/Area Judicial Magistrate to record the statements of the parties and

submit a report regarding the genuineness of the compromise effected between the parties and also to intimate whether any accused is proclaimed

offender.

In pursuance thereof, the trial Court has submitted a report dated 2.1.2018 (forwarded by the District and Sessions Judge Amritsar on

3.1.2018), after recording the statements of the parties. The trial Court has submitted that the complainant-Baudin @ Bau and Shamudeen and

accused-Shaff @ Mohd. Shafir, Makhan @ Mohd, Sia @ Md Sharid, Roshan @ Roshan Deep, Ahudin @ Hakam Deen and Sonu 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-Rajbir Singh that none of them is proclaimed offenders.

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 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon''ble the Supreme

Court of India in ""Gian Singh vs 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 end.

As per the Full Bench judgement of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, 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

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.

The Apex Court in Central Bureau of Investigation vs. Sadhu Ram Singla and others (2017) 5 Supreme Court Cases 350 has held as under:-

Having carefully considered the singular facts and circumstances of the present case, and also the law relating to the continuance of criminal cases

where the complainant and the accused had settled their differences and had arrived at an amicable arrangement, we see no reason to differ with

the view taken in Manoj Sharma''s case (supra) and several decisions of this Court delivered thereafter with respect to the doctrine of judicial

restraint. In concluding hereinabove, we are not unmindful of the view recorded in the decisions cited at the Bar that depending on the attendant

facts, continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accused, would amount to

abuse of process of Court and an exercise in futility since the trial would be prolonged and ultimately, it may end in a decision which may be of no

consequence to any of the parties.

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.57 dated 30.3.2016 under Sections 324, 323, 341, 379, 148 and 149 IPC registered at Police

Station Kamboj, District Amritsar Rural (Annexure P2) and all the consequential proceedings, arising therefrom, are ordered to be quashed qua

the petitioners by way of compromise subject to the petitioners paying costs in the sum of Rs.5000/- in the Office of District Legal Services

Authority, Amritsar within 8 weeks from today, failing which this order shall stand recalled automatically without reference to the Court.