Punjab-Haryana High Court
Mohammad Shokeen And Others vs State Of Haryana And Another on 15 December, 2022
CRM-M-26928-2022 (O&M) - 1-
116
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-26928-2022
DECIDED ON: 15.12.2022
MOHAMMAD SHOKEEN AND ANOTHER
PETITIONERS
VERSUS
STATE OF HARYANA AND ANOTHER
RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.
Present: Mr. Sanjiv Gupta , Advocate
for the petitioners.
Mr. Chetan Sharma, A.A.G., Haryana.
None for respondent No.2.
****
SANDEEP MOUDGIL, J (ORAL)
Prayer in the application is for recalling the order dated
24.11.2022 whereby the main petition was dismissed for non-prosecution.
Keeping in view the reason as recorded in para 2 of the
present application, the application is allowed.
The main case is restored to its original number.
On oral request of learned counsel for the parties, the main
case is taken up for final hearing.
CRM-M-26928-2022
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No. 425, dated 27.10.2021 (Annexure P-1), under Sections 406 and
420IPC, registered at Police Station Kunjpura and all consequential
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proceedings arising therefrom, on the basis of compromise dated
13.06.2022 (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 20.06.2022, parties were directed to appear
before the Illaqa Magistrate/Trial Court and report with regard to the
genuineness of the compromise was called for.
The report dated 05.08.2022, has been received from learned
Judicial Magistrate Ist Class, Karnal stating that the parties have entered
into a compromise, voluntarily and without any coercion, pressure, threat
or under influence. There is no representation on behalf of complainant
respondent No. 2 but he has made statement in support of compromise
before learned Judicial Magistrate Ist Class, Karnal.
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
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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."
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. 425, dated 27.10.2021 (Annexure P-
1), under Sections 406 and 420 IPC, registered at Police Station Kunjpura
and all consequential proceedings arising therefrom are quashed, on the
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basis of compromise dated 13.06.2022 (Annexure P-2).
The present petition is hereby allowed.
( SANDEEP MOUDGIL)
JUDGE
15.12.2022.
sham
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No
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