Archana And Others vs State Of U.T Chandigarh And Another

Punjab-Haryana High Court

Archana And Others vs State Of U.T Chandigarh And Another on 22 October, 2024

Author: Kirti Singh

Bench: Kirti Singh

               CRM-M-47745-2024                                                                    1


               295
               IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                    CRM-M-47745-2024
                                                                    Date of Decision: 22.10.2024

               ARCHANA AND OTHERS
                                                                          .....Petitioners

                                         Versus
               STATE OF U.T CHANDIGARH AND ANOTHER

                                                                          .....Respondents

               CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

               Present:        Ms. Navnika Tuteja, Advocate for
                               Mr. Abhimanyu Garg, Advocate and
                               Mr. S.K.Jain, Advocate
                               for the petitioners.

                               Mr. Abhinav Gupta, Addl. PP UT, Chandigarh.

                        Mr. Ajay Partap Singh, Advocate for respondent No.2.
                                    *****
               KIRTI SINGH, J.(Oral)

1. This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.100 dated 06.09.2024 under Sections 420, 120-B of IPC registered at Police Station North, District Chandigarh along with all consequential proceedings arising therefrom, on the basis of compromise dated 10.09.2024 (Annexure P-2) arrived at between the parties.

2. Heard learned counsel for the parties and also gone through the case file.

3. This Court vide order dated 23.09.2024, directed the parties to appear before the trial Court/Duty Magistrate for recording their statements with regard to the compromise.

4. Pursuant to the aforesaid order, report dated 09.10.2024 has been KAVITA NAIN received from the Chief Judicial Magistrate, Chandigarh. A perusal of the said 2024.10.24 11:07 I attest to the accuracy and integrity of this document report reveals that statements of the concerned persons have been recorded in the order/judgment CRM-M-47745-2024 2 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.

5. 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.

6. 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 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.

2024.10.24 11:07 I attest to the accuracy and integrity of this document

xxx xxx xxx. "

CRM-M-47745-2024 3

7. 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.

8. Resultantly, the present petition is allowed and FIR No.100 dated 06.09.2024 under Sections 420, 120-B of IPC registered at Police Station North, District Chandigarh and all other consequential proceedings are quashed qua the petitioners on the basis of the compromise dated 10.09.2024 (Annexure P-2), subject to payment of Rs.10,000/- to be deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh.

                                                                          (KIRTI SINGH)
               22.10.2024                                                     JUDGE
               Kavita

                                           Whether speaking/reasoned?     Yes/No
                                           Whether reportable?            Yes/No




KAVITA NAIN
2024.10.24 11:07
I attest to the accuracy and
integrity of this document
order/judgment