Punjab-Haryana High Court
Vikram Sharma And Others vs State Of Haryana And Other on 9 August, 2024
Neutral Citation No:=2024:PHHC:103276
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Neutral Citation No:=2024:PHHC:103276
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5. The report dated 25.07.2024 has been received from Sub
Divisional Judicial Magistrate, Tohana, stating that the parties have entered into
a compromise, which is genuine, voluntary and without any coercion or undue
influence.
6. 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 Court which should
endeavour to give full effect to the same unless such
compromise is abhorrent to lawful composition of the
society or would promote savagery."
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Neutral Citation No:=2024:PHHC:103276
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7. 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'.
8. 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.
9. In view of above, FIR No.446, dated 14.08.2023 (Annexure P-1),
under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code,
1860, registered at Police Station City Tohana, District Fatehabad, with all the
subsequent proceedings arising therefrom, is quashed qua the petitioners, on the
basis of compromise dated 15.06.2024 (Annexure P-2)
10. The present petition is hereby allowed.
(SANDEEP MOUDGIL)
09.08.2024
JUDGE Mani Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No 3 of 3 ::: Downloaded on - 14-08-2024 01:13:57 :::