Punjab-Haryana High Court
Hakim And Ors vs State Of Haryana And Others on 30 March, 2022
CRM-M-10151-2022 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(261)
CRM-M-10151-2022 (O&M)
Date of decision: - 30.03.2022
Hakim and others
....Petitioners
Versus
State of Haryana and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Navmohit Singh, Advocate, for the petitioners.
Mr. Munish Sharma, AAG, Haryana.
Mr. Ashutosh Kaushik, Advocate, for respondents No.2 & 3.
****
VIKAS BAHL, J. (ORAL)
This is a petition filed under Section 482 of Cr.P.C. for
quashing of FIR No.186 dated 11.05.2017 registered under Sections 147,
149, 323, 506 of the Indian Penal Code, 1860 at Police Station Faridabad
NIT, District Faridabad (Annexure P-1) and all the subsequent
proceedings arising therefrom on the basis of compromise.
On 09.03.2022, this Court was pleased to pass the following
order:-
"This is a petition filed under Section 482 of Cr.P.C. for
quashing of FIR No.186 dated 11.05.2017 registered under Sections
147, 149, 323, 506 of the Indian Penal Code, 1860 at Police Station
Faridabad NIT, District Faridabad (Annexure P-1) and all the
subsequent proceedings arising therefrom on the basis of compromise.
Learned counsel for the petitioners has submitted that all the
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persons concerned are party to the compromise.
Notice of motion for 30.03.2022.
On asking of the Court, Mr. Praveen Bhadu, AAG, Haryana
appears and accepts notice on behalf of the respondent-State and Mr.
Ashutosh Kaushik, Advocate appears on behalf of respondent Nos.2
and 3.
The parties are directed to appear before the Illaqa
Magistrate/trial Court for recording their statements qua compromise
within a period of 15 days.
The Illaqa Magistrate/trial Court is directed to submit a report
on or before the next date of hearing containing the following
information:-
1. Number of persons arrayed as accused.
2. Whether any accused is proclaimed offender?
3. Whether the compromise is genuine, voluntary and
without any coercion or undue influence?
4. Whether the accused persons are involved in any
other FIR or not?
5. The trial Court is also directed to record the statement
of the Investigating Officer as to how many
victims/complainants are there in the FIR."
In pursuance of the said order, the report has been submitted
by the Judicial Magistrate 1st Class, Faridabad, to the Registrar General of
this Court. The relevant part of the report is reproduced hereinbelow:-
"Respected Sir,
The undersigned respectfully submits that in pursuance of the
order passed by the Hon'ble High Court dated 09.03.2022 , the
pointwise report is as under: -
i) Number of persons arrayed as accused?
Report: As per the statement of IO SI Satyawan, six persons namely
Rakesh, Hakam, Suraj, Neelam, Kamlesh and Raju have been arrayed
as accused.
ii) Whether any accused is proclaimed offender?
Report: As per the statement of IO, none of the accused have been
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declared proclaimed offender in this case/FIR.
iii) Whether the compromise is genuine, voluntary and without any
coercion or undue influence?
Report: In the considered opinion of the undersigned, the compromise
so effected is for the amicable settlement of the dispute and was
effected without any external pressure, coercion or force and is a
valid compromise.
iv) Whether the accused persons are involved in any other FIR or
not: -
Report: As per statement of IO, the accused persons are not involved
in any other FIR.
v) The trial Court is also directed to record the statement of the
Investigating Officer as to how many victims/complainants are there
in the FIR.
Report: In the present case, as per the report of IO SI Satyawan, there
is only one complainant/victim namely Shaweta @ Nisha in this FIR.
Original statements of the parties Dt. 22.03.2022 as well as
statement of IO are enclosed herewith for kind perusal of the Hon'ble
High Court.
The requisite report is submitted herewith for information and
necessary action.
Thanking you,
Encl as above. Yours Sincerely,
( Sumit Turkiya )
Judicial Magistrate, 1st Class,
Faridabad / UID No.HR-0470.
Dated 22.03.2022."
A perusal of the said report would show that statements of
the concerned persons have been recorded in the case, who have stated
that the matter has been compromised and they have no objection in case
the FIR in question is quashed. They have further stated that the said
compromise is being entered into with there genuine, without any external
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pressure, coercion or force.
Learned counsel for the petitioners has submitted that there is
no other FIR against the petitioners and they have not been declared
proclaimed offenders. Learned counsel for the State, as per instructions,
has stated that this fact is correct.
Learned counsel for respondents No.2 and 3 has again
reiterated that the matter has been settled and the said compromise is in
the interest of all the persons and would help in bringing out peace and
amity between the parties.
This Court has heard the learned counsel for the parties and
has perused the file.
After perusing the report submitted by the learned trial Court,
this Court finds that the matter has been amicably settled between the
petitioners and the complainant. Since the matter has been settled and the
parties have decided to live in peace, this Court feels that in order to
secure the ends of justice, the criminal proceedings deserve to be
quashed.
As per the Full Bench judgment of this Court in "Kulwinder
Singh and others Vs State of Punjab", 2007 (3) RCR (Criminal) 1052,
it is held that High Court has power under Section 482 Cr.P.C. to allow
the compounding of non-compoundable offence and quash the
prosecution where the High Court is of the opinion that the same is
required to prevent the abuse of the process of law or otherwise to secure
the ends of justice. This power of quashing is not confined to matrimonial
disputes alone.
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Hon'ble the Apex Court in the case of "Gian Singh Vs. State
of Punjab and another", 2012 (4) RCR (Criminal) 543, had also
observed that in order to secure the ends of justice or to prevent the abuse
of process of Court, inherent power can be used by this Court to quash
criminal proceedings in which a compromise has been effected. The
relevant portion of para 57 of the said judgment is reproduced
hereinbelow:-
"57. The position that emerges from the above discussion can
be summarised thus: the power of the High Court in quashing a
criminal proceeding or FIR or complaint in exercise of its inherent
jurisdiction is distinct and different from the power given to a criminal
court for compounding the offences under Section 320 of the Code.
Inherent power is of wide plenitude with no statutory limitation but it
has to be exercised in accord with the guideline engrafted in such
power viz; (i) to secure the ends of justice or (ii) to prevent abuse of
the process of any Court. XXX---XXX"
In view of what has been discussed hereinabove, this petition
is allowed and FIR No.186 dated 11.05.2017 registered under Sections
147, 149, 323, 506 of the Indian Penal Code, 1860 at Police Station
Faridabad NIT, District Faridabad (Annexure P-1) and all the subsequent
proceedings emanating therefrom are ordered to be quashed, qua the
petitioners.
( VIKAS BAHL )
March 30, 2022 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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