Ajrudeen Alias Aju And Another vs State Of Punjab And Others
2022 Latest Caselaw 17419 P&H

CRM-M-17837-2021 and
CRM-M-17825-2021                                                             - 1-


222         IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                CRM-M-17837-2021
                                DECIDED ON: 21st DECEMBER, 2022

DARSHAN SINGH ALIAS DARSHI AND OTHERS
                                                                .....PETITIONERS
                                   VERSUS

STATE OF PUNJAB & OTHER

                                                            .....RESPONDENTS
                                   AND
                                CRM-M-17825-2021

AJRUDEEN @ AJY AND ANOTHER
                                                            .....PETITIONERS
                                   VERSUS

STATE OF PUNJAB & ANOTHER

                                                            .....RESPONDENTS


CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present:    Mr. Jagmeet Singh Moudgill, Advocate
            for the petitioners (in CRM-M-17837-2021)
            for the respondents No.2 to 5 (in CRM-M-17825-2021)

            Mr. Angraze Singh Dhindsa, Advocate
            for the petitioners (in CRM-M-17825-2021)
            for respondents No.2 and 3 (in CRM-M-17837-2021)

            Mr. Kunwarbir Singh, AAG, Punjab.


        ****

SANDEEP MOUDGIL, J (ORAL)

Vide this common order, this Court intends to dispose of aforesaid

two petitions having arisen out of the same FIR.

The present petitions have been filed for quashing of FIR No. 57,

dated 16.03.2021, under Section 452, 323, 341, 148 and 149 of IPC (in CRM-

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CRM-M-17837-2021 and CRM-M-17825-2021 - 2-

M-17837-2022) and cross case registered vide GD No. 49 dated 16.03.2021

under Sections 323, 341, 148 and 149 (in CRM-M-17825-2021) registered at

Police Station City Sunam, District Sangrur (Annexure P-1) with all

subsequent proceedings arising therefrom on the basis of compromise dated

01.04.2021. (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 21.09.2022, 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 27.10.2022, has been received from learned Sub

Divisional Judicial Magistrate, Sunam stating that the parties have entered into

a compromise, which is genuine, voluntary and without any coercion, pressure,

threat 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

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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 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. 57, dated 16.03.2021, under Section

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452, 323, 341, 148 and 149 of IPC and cross case registered vide GD No. 49

dated 16.03.2021 under Sections 323, 341, 148 and 149 registered at Police

Station City Sunam, District Sangrur (Annexure P-1) and all subsequent

proceedings arising therefrom are quashed qua the petitioners, on the basis of

compromise dated 01.04.2021 (Annexure P- 2).

The aforesaid petitions are hereby allowed.

A copy of this order be placed on the file of the other connected

case.

                                              (SANDEEP MOUDGIL)
  st
21 DECEMBER, 2022                                   JUDGE
sham

Whether speaking/reasoned       Yes/No
Whether reportable              Yes/No




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