Punjab-Haryana High Court
Harbhajan Singh And Others vs State Of Haryana And Another on 1 July, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:081074
CRM-M-18701-2024 1
202
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-18701-2024
Date of Decision : 01.07.2024
Harbhajan Singh and others
.....Petitioners
Versus
State of Haryana and another
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Sanjiv Gupta, Advocate
for the petitioners
Mr. Anmol Malik, DAG Haryana
Mr. Manoj Chahal, Advocate
for respondent No. 2
KIRTI SINGH, J.(Oral)
1. The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 0058, dated 14.03.2023, registered under Section 408 IPC at Police Station Jhojhu Kalan, District Charkhi Dadri, and all other consequential proceedings arising therefrom on the basis of the compromise dated 08.04.2024.
2. Heard learned counsel for the parties and also gone through the case file.
3. As per the terms and conditions of the settlement/agreement, the petitioners have paid Rs. 5,00,000/- to respondent No. 2. A copy of the demand draft No. 953292 dated 28.06.2024 has been filed in the Court today. The same is taken on record.
4. This Court while issuing notice of motion vide order dated 18.04.2024, directed the parties to appear before the trial Court/Illaqa Magistrate 1 of 3 ::: Downloaded on - 20-07-2024 21:40:58 ::: Neutral Citation No:=2024:PHHC:081074 CRM-M-18701-2024 2 for recording their statements with regard to the compromise.
5. Pursuant to the aforesaid order, report dated 09.05.2024 has been received from the Judicial Magistrate 1st Class, Charkhi Dadri. A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence and coercion. It is stated in the report that there are two accused. None of them has been declared as proclaimed offender and are not involved in any other FIR.
6. The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that 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 is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
7. Hon'ble the Supreme Court in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, had observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus:-
"57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for 2 of 3 ::: Downloaded on - 20-07-2024 21:40:58 ::: Neutral Citation No:=2024:PHHC:081074 CRM-M-18701-2024 3 compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court.
xxx xxx xxx. "
8. In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed.
9. Resultantly, the present petition is allowed and FIR No. 0058, dated 14.03.2023, registered under Section 408 IPC at Police Station Jhojhu Kalan, District Charkhi Dadri, and all other consequential proceedings arising therefrom are quashed qua the petitioners on the basis of the compromise dated 08.04.2024.
(KIRTI SINGH) 01.07.2024 JUDGE reena Whether speaking/reasoned? Yes/No Whether reportable? Yes/No 3 of 3 ::: Downloaded on - 20-07-2024 21:40:58 :::