Rameshwar And Another vs State Of Haryana And Others
2022 Latest Caselaw 16815 P&H

CRM-M No. 33781 of 2022 (O&M) and
CRM-M No. 34008 of 2022 (O&M)
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    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH

                                               Decided on: 14.12.2022
1. CRM-M No.33781 of 2022 (O&M)

Rameshwar and another
                                                             ....Petitioners
                                  Versus
State of Haryana and others
                                                           ....Respondents
2. CRM-M No.34008 of 2022 (O&M)

Rajesh and others
                                                            ....Petitioners
                                  Versus
State of Haryana and another
                                                           ....Respondents

CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN

Present :   Mr. Rajesh K. Dhankar, Advocate
            for the petitioners (in CRM-M-33781-2022)
            and for respondent No.2 (in CRM-M-34008-2022)

            Mr. P.S. Pandher, AAG, Punjab.

            Mr. Balkar Singh, Advocate
            for the petitioners (in CRM-M-34008-2022)
            and for respondents No.2 to 4 (in CRM-M-33781-2022)

ARVIND SINGH SANGWAN, J. (Oral)

By way of this order, I shall dispose of aforesaid petitions

as they emerged from FIR No.327 dated 04.07.2022 registered under

Sections 323, 34, 452, 506 of the Indian Penal Code, 1860 (in short

'IPC') at Police Station Civil Line, Sonepat, District Sonepat and FIR

No.328 dated 04.07.2022 registered under Sections 147, 149, 323, 342

IPC at Police Station Civil Line Sonepat, District Sonepat, being

version and cross-version.

In both the cases, vide orders dated 10.08.2022, the trial

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CRM-M No. 33781 of 2022 (O&M) and CRM-M No. 34008 of 2022 (O&M)

Court/Illaqa Magistrate was directed to record the statements of the

parties and send its report with regard to genuineness of the

compromise effected between the parties.

In pursuance to the said order, the trial Court after

recording the statements of the parties, has reported on 02.09.2022 that

the parties have appeared through their respective counsels representing

them in the trial Court and that the compromise effected between the

parties was voluntarily and without any coercion, pressure.

Counsel for the petitioners submits that no other criminal

case is pending between the parties and none of the petitioner is a

proclaimed offender.

This fact is not disputed by counsel for the State, on

instructions from the Investigating Officer.

I have heard counsel for the parties, perused the paperbook

and the report submitted by the trial Court.

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.

Perusal of the allegations in the FIR reveals that the

present case squarely falls in the category of cases that can be quashed

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CRM-M No. 33781 of 2022 (O&M) and CRM-M No. 34008 of 2022 (O&M)

by the High Court, in exercise of its inherent power under Section 482

of the Code. Keeping in view authoritative enunciation of law laid

down by Hon'ble the Supreme Court of India in "Gian Singh vs State

of Punjab and another", 2012(4) R.C.R. (Criminal) 543 and in the

light of facts and circumstances of the present case, this Court is of the

considered opinion that continuation of criminal proceedings would

amount to abuse of process of law and it is expedient in the interest of

justice if the criminal proceedings are put to an end.

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 the above, the petitions are allowed. FIR

No.327 dated 04.07.2022 registered under Sections 323, 34, 452, 506

IPC at Police Station Civil Line, Sonepat, District Sonepat and FIR

No.328 dated 04.07.2022 registered under Sections 147, 149, 323, 342

IPC at Police Station Civil Line Sonepat, District Sonepat, along with

all the consequential proceedings, arising therefrom, are ordered to be

quashed subject to payment of costs of Rs.5,000/- each (in both the

petitions) to be deposited with the District Legal Services Authority

Sonepat.

A photocopy of this order be placed on the file of other

connected cases.

                                         (ARVIND SINGH SANGWAN)
                                                  JUDGE
14.12.2022
yakub        Whether speaking/reasoned               Yes/No
             Whether reportable:                     Yes/No


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