Punjab-Haryana High Court
Jaypal And Ors vs State Of Haryana And Others on 15 December, 2022
CRM-M-38015-2022 - 1-
245
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-38015-2022
DECIDED ON: 15.12.2022
JAYPAL AND ORS.
PETITIONERS
VERSUS
STATE OF HARYANA AND ORS.
RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.
Present: Mr.G.S. Sandhu, Advocate for the petitioner.
Mr. Chetan Sharama, A.A.G., Haryana.
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SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No.0164, dated 26.03.2017 (Annexure P-1), under Sections 148, 149,
323, 506 of the Indian Penal Code, 1860 and Section 325 of the Indian
Penal Code, 1860 (added later on), registered at Police Station Assandh,
District Karnal on the basis of compromise/affidavit dated 01.08.2022
(Annexure P2 and P-3).
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 25.08.2022 parties were directed to appear
before the Illaqa Magistrate/Trial Court for recording of their statements
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with regard to the genuineness of the compromise.
The report dated 19.09.2022 has been received from learned
Judicial Magistrate Ist Class, Assandh 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
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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, 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/affidavit
dated 01.08.2022 (Annexures P-2 and P-3).
(SANDEEP MOUDGIL)
JUDGE
15.12.2022
sham
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No
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