Shanu Sharma vs State Of Punjab And Another
2022 Latest Caselaw 16473 P&H

269


            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                        CRM-M-52186-2022
                                        DECIDED ON: 12.12.2022

SHANU SHARMA

                                                                  .....PETITIONER
                                      VERSUS


STATE OF PUNJAB & ANOTHER

                                                             .....RESPONDENTS



CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present:    Mrs. Kanwal Walia, Advocate
            for the petitioner.

            Mr. Hemant Aggarwal, AAG, Punjab.

            Mr. Lalit Goyal, Advocate
            for the respondent No.2.
            ****

SANDEEP MOUDGIL, J (ORAL)

This is a petition under Section 482 Cr.P.C. for quashing of FIR

No.186, dated 06.11.2018 (Annexure P-1), under Section 385 of the Indian Penal

Code, 1860, registered at Police Station Division No.3, District Police

Commissionerate Jalandhar, with all the consequential proceedings arising

therefrom, on the basis of compromise dated 31.10.2022 (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 14.11.2022, parties were directed to appear before

the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the

compromise was called for.

1 of 3

The report dated 23.11.2022 has been received from learned

Additional Chief Judicial Magistrate, Jalandhar stating that the parties have

entered into a 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:-

"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."

2 of 3

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.186, dated 06.11.2018 (Annexure P-1),

under Section 385 of the Indian Penal Code, 1860, registered at Police Station

Division No.3, District Police Commissionerate Jalandhar, with all the

consequential proceedings arising therefrom, is quashed qua the petitioner, on the

basis of compromise dated 31.10.2022 (Annexure P-2).

The present petition is hereby allowed.

                                               (SANDEEP MOUDGIL)
12.12.2022                                           JUDGE
Kusum

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




                                      3 of 3