LexJASWANT SINGH versus STATE OF PUNJAB & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B C D E F G H 1100 SUPREME COURT REPORTS [2021] 6 S.C.R. JASWANT SINGH v. STATE OF PUNJAB & ANR. (Criminal Appeal No.1233 of 2021) OCTOBER 20, 2021 [DINESH MAHESHWARI AND VIKRAM NATH, JJ.] Code of Criminal Procedure, 1973 – s.482 – High Court declined to exercise its powers u/s.482 CrPC to quash criminal proceedings arising out of FIR u/ss.406 and 420 of IPC – Propriety – Held: The power u/s.482 CrPC is to be exercised to prevent the abuse of process of any Court and also to secure the ends of justice – Inherent powers should be exercised in a given and deserving case where the Court is satisfied that exercise of such power would either prevent abuse of such power or such exercise would result in securing the ends of justice – It is clear from the facts of the present case that there was a clear abuse of the process of the Court and further that the Court had a duty to secure the ends of justice – High Court erred in firstly not considering the entire material on record and further in not appreciating the fact that the dispute, if any, was civil in nature and that the complainant had already settled his score with the main accused against whom the proceedings had been closed long back – In this scenario, no justification to continue with the impugned proceedings against the accused-appellant – All such proceedings quashed qua him – IPC – ss.406 and 420. S.W. Palanitkar and others. v. State of Bihar and another (2002) 1 SCC 241: [2001] 4 Suppl. SCR 397; P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578; Gian Singh v. State of Punjab (2012) 10 SCC 303: [2012] 8 SCR 753; and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others v. State Gujarat and others, (2017) 9 SCC 641: [2017] 10 SCR 1218 – relied on. Case Law Reference [2001] 4 Suppl. SCR 397 relied on Para 15 (2002) 4 SCC 578 relied on Para 16 [2012] 8 SCR 753 relied on Para 17 [2017] 10 SCR 12 relied on Para 18 [2021] 6 S.C.R. 1100 1100 A B C D E F G H 1101 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.1233 of 2021. From the Judgment and Order dated 06.02.2020 of the High Court of Punjab and Haryana at Chandigarh in CRM-M-32011 of 2018. Lakhwinder Singh Mann, Dr. Surender Singh Hooda, Advs. for the Appellant. Ms. Jaspreet Gogia, Ms. Mandakini Singh, Karanvir Gogia, Ms. Shivangi Singhal, Ms. Ashima Mandla, Advs. for the Respondents. The Order of the Court was passed by VIKRAM NATH, J. 1. By means of this appeal, the appellant Jaswant Singh has prayed for quashing of the order dated 06.02.2020 passed by the learned Single Judge of the Punjab and Haryana High Court in CRM-M-32011 of 2018 (O&M) whereby the High Court declined to exercise its powers under Section 482 of the Criminal Procedure Code1 to quash the criminal proceedings arising out of FIR No. 179 dated 29.10.2009 under Section 406/420 of the Indian Penal Code2 , Police Station Fatehgarh Sahib, District Fatehgarh Sahib. However, the High Court granted bail to the appellant subject to certain conditions contained in the said order. The factual matrix giving rise to the present appeal is narrated hereunder: 2. Respondent no.2 Nasib Singh (the Complainant) moved an application dated 18.08.2009 addressed to the Senior Superintendent of Police, District Fatehgarh Sahib stating therein that he was known to one Gurmeet Singh, who was in the business of sending people abroad. Gurmeet Singh had assured the Complainant that his two acquaintances Jaswant Singh and Gurpreet Singh who were already settled in Italy, would help his son to get a job and settle in Italy. For the aforesaid arrangement, Gurmeet Singh demanded a total amount of Rs 7 lacs. Further, according to the Complainant, Rs 4 lacs was paid in cash on 10.12.2008 and thereafter Rs. 2 lacs were paid by way of a cheque dated 18.02.2009 of the Punjab National Bank, Branch AS College, Khanna in favour of Gurmeet Singh which amount has since been credited in the account of Gurmeet Singh. Soon thereafter Sarpreet Singh, son of the Complainant, was put on a flight to Italy on 19.02.2009. Further 1 Cr.P.C. 2 I.P.C. JASWANT SINGH v. STATE OF PUNJAB & ANR. A B C D E F G H 1102 SUPREME COURT REPORTS [2021] 6 S.C.R. allegation is that Jaswant Singh and Gurpreet Singh did not honour their promise and harassed his son. They did not arrange for a job as per their promise. The documents were misplaced by them and ultimately his son had to return after three/four months. The complaint further alleges that the named accused further demanded Rs
Excerpt shown. Read the full judgment & AI analysis in Lexace.