Punjab-Haryana High Court
Sachin Bhatti vs State Of Punjab And Another on 15 December, 2022
CRM-M-16481-2021 -1-
238
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-16481-2021
DECIDED ON: 15.12.2022
SACHIN BHATTI
PETITIONER
VERSUS
STATE OF PUNJAB AND ANOTHER
RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.
Present: Mr. Bhuwan Vats, Advocate for the petitioner.
Mr. Hemant Aggarwal, A.A.G., Punjab.
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SANDEEP MOUDGIL, J (ORAL)
Prayer in the present petition is for quashing of FIR No.62, dated
16.03.2021, under Section 380 IPC and Section 411 IPC added later on, Police
Station Phillaur District Jalandhar (Annexure P-1) and all the subsequent
proceedings arising therefrom, on the basis of compromise dated 26.03.2021
(Annexure P-2).
During the pendency of the dispute, the parties have compromised the
matter and filed the afore-said petitions for quashing of FIR.
Vide order dated 20.04.2021 parties were directed to appear before the
Illaqa Magistrate/Trial Court for recording of their statements with regard to the
genuineness of the compromise.
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The report dated 02.06.2021 has been received from learned Sub
Divisional Judicial Magistrate Phillaur stating that the parties have entered into a
compromise voluntarily, which is genuine 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."
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
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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, the present petition is allowed and the impugned FIR
(Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua
the petitioner in view of compromise deed (Annexure P-2).
SANDEEP MOUDGIL
JUDGE
15.12.2022
V.vishal
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No
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