Aman Kumar vs State Of Haryana And Another
2021 Latest Caselaw 2461 P&H

CRM-M No.20017 of 2021 (O&M)                                                   1

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                          CRM-M No.20017 of 2021 (O&M)
                                                 Decided on: 27.08.2021

Aman Kumar                                                    ....Petitioner
                                   Versus
State of Haryana and another                                ....Respondents

CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN

Present :    Mr. K.P.S. Virk, Advocate for the petitioner.

             Mr. Rajneesh Chadwal, AAG, Haryana.

             Mr. R.P. Daaria, Advocate for respondent No.2.

ARVIND SINGH SANGWAN, J. (Oral)

The petitioner has prayed for quashing of FIR No.252

dated 13.04.2021, for offence punishable under Sections 406, 420, 467,

468, 471 and 120-B of the Indian Penal Code (in short 'IPC') registered

at Police Station Hansi City, District Hansi, on the basis of the

compromise effected between the parties.

Vide orders dated 02.07.2021, the parties were directed to

appear before the trial Court/Illaqa Magistrate to get their statements

recorded with regard to genuineness of the compromise.

A report dated 02.08.2021 has been submitted by the Sub-

Divisonal Judicial Magistrate, Hansi, wherein it has been reported that

statements of the petitioner and respondent No.2 have been recorded

and statements made by the parties in the Court reveal that they have

voluntarily entered into a compromise and the Court is satisfied that the

parties have amicably settled their dispute without any fear, pressure,

threat or coercion and out of their free will.

Counsel for the petitioner has submitted that no other

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criminal case is pending between the parties and the petitioner has not

been declared as proclaimed offender.

Counsel for the State, on instructions from the

Investigating Officer, assisted with counsel for the respondent No.2 has

not disputed the fact that the parties have arrived at a settlement with an

intent to give burial to their differences.

I have heard counsel for the parties and perused the case

file.

After perusing the report submitted by the trial Court, this

Court is of the opinion that the matter has been amicably settled

between the petitioner and respondent/victims, who have decided to

bury their dispute and live in peace.

As per the Full Bench judgment of this Court in

"Kulwinder Singh and others vs State of Punjab", 2007 (3) RCR

(Criminal) 1052, it is 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 feel 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.

Hon'ble the Apex Court in the case of "Gian Singh vs

State of Punjab and another", 2012 (4) RCR (Criminal) 543, has held

as under:-

"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

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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. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of

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conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

Since the parties have arrived at a compromise and have

decided to live in peace, no useful purpose would be served in allowing

the criminal proceedings to continue.

In view of what has been discussed hereinabove, the

petition is allowed and FIR No.252 dated 13.04.2021, for offence

punishable under Sections 406, 420, 467, 468, 471 and 120-B IPC

registered at Police Station Hansi City, District Hansi and proceedings

emanating therefrom are ordered to be quashed, qua the petitioner,

subject to payment of costs of Rs.5,000/- to be deposited with the

District Legal Services Authority, Hansi.

                                         (ARVIND SINGH SANGWAN)
                                                  JUDGE
27.08.2021
yakub        Whether speaking/reasoned               Yes/No
             Whether reportable:                     Yes/No



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