Sandeep Jain And Another vs State Of Haryana And Others
2022 Latest Caselaw 16521 P&H

CRM-M-20656-2022                                             1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

Sr. No.247                                 CRM-M-20656-2022
                                           Date of decision : 12.12.2022

Sandeep Jain and another                                     .....Petitioner(s)

VERSUS

State of Haryana and others                                  ..... Respondent(s)

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:     Mr.Parveen Kumar, Advocate for
             Mr.Abhimanyu Singh, Advocate for the petitioners

             Mr.Tanuj Sharma, AAG, Haryana

             Mr.Rahul, Advocate for
             Mr.SK Rana, Advocate for respondent Nos. 2 to 4

AMAN CHAUDHARY, J.

The present petition under Section 482 Cr.P.C. has been filed

for quashing of FIR No.201 dated 9.5.2018, registered Sections 120-B, 420,

456, 467, 468, 471 IPC at Police Station Civil Lines, Gurgaon, District

Gurugram and all other consequential proceedings arising therefrom, in

view of the compromise deed dated 6.5.2022, Annexure P-2 reached

between the parties.

Notice of motion was issued on 10.10.2022 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 1.11.2022 has

been received from the ACJM, Gurugram. A perusal of the said report

reveals that statements of the concerned persons have been recorded in the

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present case, who have stated that the matter has been settled between the

parties 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 petitioners

has been declared as proclaimed offender and not involved in any other

criminal case.

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:-

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"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. 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.201 dated 9.5.2018,

registered Sections 120-B, 420, 456, 467, 468, 471 IPC at Police Station

Civil Lines, Gurgaon, District Gurugram 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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