Punjab-Haryana High Court
Lovedeep Kaur And Another vs State Of Punjab And Another on 23 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:055122
CRM-M-10829-2024 2024:PHHC:055122 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
291 CRM-M-10829-2024
DATE OF DECISION: 23.04.2024
LOVEDEEP KAUR AND ANR. ...PETITIONERS
Versus
STATE OF PUNJAB AND ANR. ... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Sandeep Arora, Advocate for the petitioner(s).
Mr. J.S. Rattu, DAG, Punjab.
Mr. G.S. Rawat, Advocate for respondent No.2.
***
SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of FIR No.188, dated 30.07.2020 (Annexure P-1), under Sections 406, 420, 120-B of the IPC, 1860 and Section 13 of Punjab Travel Professional Regulation Act, registered at Police Station Adampur, District Jalandhar, with all subsequent proceedings arising therefrom, on the basis of compromise dated 05.02.2024 (Annexure P-2).
During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR.
Vide order dated 29.02.2024, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for.
The report dated 29.02.2024 has been received from Civil Judge (Jr. Division)-cum-JMIC, Jalandhar, stating that the parties have 1 of 3 ::: Downloaded on - 25-04-2024 03:02:15 ::: Neutral Citation No:=2024:PHHC:055122 CRM-M-10829-2024 2024:PHHC:055122 2 entered into a compromise, which is genuine, voluntary and without any coercion or undue influence.
Learned counsel for respondent No.2 submits that he has no objection if the petition is allowed.
Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
"The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever- lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a
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The legal principles as laid down for quashing of the judgment were also approved by the Hon'ble Supreme Court in the matter of 'Gian Singh Versus State of Punjab and another,(2012) 10 SCC 303'. Furthermore, the broad principles for exercising the powers under Section 482 were summarized by the Hon'ble Supreme Court in the matter of 'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another" (2017) 9 SCC 641'.
It is evident that in view of the amicable resolution of the issues amongst the parties, no useful purpose would be served by continuation of the proceedings. The furtherance of the proceedings is likely to be a waste of judicial time and there appears to be no chances of conviction.
In view of above, FIR No.188, dated 30.07.2020 (Annexure P-1), under Sections 406, 420, 120-B of the IPC, 1860 and Section 13 of Punjab Travel Professional Regulation Act, registered at Police Station Adampur, District Jalandhar, with all subsequent proceedings arising therefrom, on the basis of compromise dated 05.02.2024 (Annexure P-2, is quashed qua the petitioners.
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
JUDGE
23.04.2024
anuradha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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