Punjab-Haryana High Court
Tarsem Lal And Ors vs State Of Punjab And Anr on 12 September, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
270 CRM-M-22682-2022
Date of Decision: 12.09.2022
Tarsem Lal and others ...Petitioners.
Versus
State of Punjab and another ....Respondents.
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CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
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Present: Mr. Lupil Gupta, Advocate
for the petitioners.
Mr. Aman Dhir, Deputy Advocate General, Punjab.
Mr. Rohit Sharma, Advocate for
Mr. Arun Kumar Gupta, Advocate
for respondent No.2.
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Sandeep Moudgil, J. (Oral)
The present petition under Section 482 of the Code of Criminal
Procedure, 1973 is for quashing of FIR No.32 dated 21.04.2021 (Annexure
P-1) under Sections 323, 324, 326 read with Section 34 IPC, registered at
Police Station Mamdot, District Ferozepur and all consequential
proceedings arising therefrom on the basis of affidavit/ compromise dated
21.12.2021 (Annexure P-2) effected between the parties.
During the pendency of the dispute, the parties have
compromised the matter. Vide order dated 23.05.2022 parties were directed
to appear before the Illaqa Magistrate/Trial Court and for report with regard
to the genuineness of the compromise.
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The report dated 16.07.2022 has been received from learned
Judicial Magistrate Ist Class, Ferozepur stating that the parties have entered
into a compromise without any undue influence or pressure.
A 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 everlasting 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."
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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 above
mentioned FIR (Annexure P-1) and all subsequent proceedings arising
therefrom are quashed qua the petitioners in view of compromise (Annexure
P-2).
(SANDEEP MOUDGIL)
JUDGE
12.09.2022
komal
Whether speaking/ reasoned : Yes/ No
Whether Reportable : Yes/ No
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