Punjab-Haryana High Court
Raj Kumar And Others vs State Of Haryana And Another on 12 December, 2022
CRM-M-45972-2022 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.255 CRM-M-45972-2022
Date of decision :12.12.2022
Raj Kumar and others
.....Petitioner(s)
VERSUS
State of Haryana and another
..... Respondent(s)
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr.Gautam Kaile, Advocate for the petitioners
Ms.Aditi Girdhar, AAG, Haryana
Mr.SK Gupta, Advocate for respondent No.2.
AMAN CHAUDHARY, J.
The present petition under Section 482 Cr.P.C. has been filed
for quashing of FIR No.0131 dated 12.3.2022, registered Sections 323, 34,
427, 506 IPC at Police Station Gohana Sadar, District Sonipat and all other
consequential proceedings arising therefrom, in view of the compromise
deed Annexures P-2 to P-4 reached between the parties.
Notice of motion was issued on 30.9.2022 and both the parties
were directed to appear before the trial Court/Illaqa Magistrate for
recording their statements in the context of genuineness of the compromise.
He/She was also directed to submit its report accordingly.
Pursuant to the aforesaid order, report dated 29.11.2022 has
been received from the JMIC, Gohana. 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 the parties
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and they have no objection in case the FIR in question is quashed and the
compromise effected between them is without any pressure or undue
influence. It is also stated in the report that none of the accused/petitioner
has been declared as proclaimed offender.
Heard.
After perusing the report submitted by the trial Court, this
Court finds that the matter has been amicably settled between the petitioner
(s) and the complainant(s). Since the matter has been settled and the parties
have decided to live in peace, this Court is of the view that in order to
secure the ends of justice, the criminal proceedings deserve to be quashed.
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 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.
Hon'ble the Apex Court in the case of "Gian Singh Vs. State
of Punjab and another", 2012 (4) RCR (Criminal) 543, had also 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 is reproduced hereinbelow:-
"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
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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. XXX---XXX"
In view of the above, this Court is of the opinion that no
useful purpose would be served in continuing the proceedings and
accordingly, the present petition is allowed and FIR No.0131 dated
12.3.2022, registered Sections 323, 34, 427, 506 IPC at Police Station
Gohana Sadar, District Sonipat and all other consequential proceedings
arising therefrom, are quashed qua the petitioner(s).
12.12.2022 (AMAN CHAUDHARY)
gsv JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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