Mangat Singh And Others vs State Of Punjab And Others
2022 Latest Caselaw 17077 P&H

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               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                             CHANDIGARH




                                               CRM-M-32267-2019
                                               DECIDED ON: 16.12.2022

MANGAT SINGH AND ORS.                                 .....PETITIONERS

                                    VERSUS

STATE OF PUNJAB AND ORS .                             ....RESPONDENTS



CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.


Present:            Mr. Amrik Singh, Advocate
                    for the petitioners.

                    Mr. Rajiv Verma, DAG Punjab

                    Mr. Lalit Pathak, Advocate for
                    the respondent No. 2.

                                 ****

SANDEEP MOUDGIL, J (ORAL)

This is a petition under Section 482 Cr.P.C. for quashing of

FIR No.108, dated 14.04.2017 under Sections 316, 323, 452, 149, 506 of the

Indian Penal Code, 1860, registered at Police Station City Khanna District

Ludhiana, with all the consequential proceedings arising therefrom, on the basis

of compromise arrived at between the parties and settlement of all the issues.

During the pendency of the dispute, the parties have

compromised the matter and filed the present petition for quashing of FIR.

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Vide order dated 01.10.2019, 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 24.10.2009, has been received from

learned Additional District and Sessions Judge Ludhiana stating that the parties

have entered into a compromise, which is genuine, voluntary 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

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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.108, dated 14.04.2017 under Sections

316, 323, 452, 149, 506 of the Indian Penal Code, 1860, registered at Police

Station City Khanna District Ludhiana, with all the consequential proceedings

arising therefrom, on the basis of compromise arrived at between the parties and

settlement of all the issues

The present petition is hereby allowed.

16.12.2022                                         (Sandeep Moudgil)
jatin
                                                         Judge
              1. Whether speaking/reasoned: Yes/No
              2. Whether reportable:        Yes/No




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