Punjab-Haryana High Court
Amit Arora Alias Cheepu vs State Of Punjab And Others on 25 October, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
240 POZA PHHE: 140827 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48642-2024 DECIDED ON: 25.10.2024 AMIT ARORA ALIAS CHEEPU sees PETITIONER VERSUS STATE OF PUNJAB AND OTHERS sesee RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Ramesh Sharma, Advocate for the petitioner. Mr. Malkiat Singh, DAG, Punjab. Mr. B.S. Jaswal, Advocate for respondents No.2 & 3. SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 528 of BNSS, 2023 for quashing of FIR No.150, dated 14.06.2023, under Sections 323, 324, 427, 326, 148 and 149 of the IPC, 1860 registered at Police Station City Kapurthala, District Kapurthala, with all subsequent proceedings arising therefrom, on the basis of compromise dated 18.09.2024 (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 27.09.2024, 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 18.10.2024 has been received from Chief Judicial Magistrate, Kapurthala, stating that the parties have entered into a 5024.10.25 18:59 I attest to the accuracy and integrity of this document CRM-M-48642-2024 -2- compromise, which is genuine, voluntary and without any coercion or undue influence.
Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
POONAM NEGI 2024.10.25 18:59 I attest to the accuracy and integrity of this document"The only inevitable conclusion from the above discussion is that there is no statutory bar under the CrP.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 CrP.C., in order to prevent the abuse of law and to secure the ends of justice.
The power under Section 482 of the CrPC. 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 ts 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 CRM-M-48642-2024 -3- abhorrent to lawful composition of the society or would promote savagery."
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.150, dated 14.06.2023, under Sections 323, 324, 427, 326, 148 and 149 of the IPC, 1860 registered at Police Station City Kapurthala, District Kapurthala, with all subsequent proceedings arising therefrom, is quashed qua the petitioner, on the basis of compromise dated 18.09.2024 (Annexure P-2).
The present petition is hereby allowed.
(SANDEEP MOUDGIL) 25.10.2024 JUDGE Poonam Negi Whether speaking/reasoned Yes/No Whether reportable Yes/No POONAM NEGI 2024.10.25 18:59 I attest to the accuracy and integrity of this document