Rajesh vs State Of Haryana And Another
2022 Latest Caselaw 11644 P&H

CRM-M-13042-2021 (O&M)                                          -1-

    IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

Sr. No.257                      CRM-M-13042-2021 (O&M)
                                Date of Decision: September 19, 2022

Rajesh                                              ...Petitioner

                                 Versus

State of Haryana and another                        ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:- Mr. Navmohit Singh, Advocate for the petitioners.

Ms. Aditi Girdhar, AAG, Haryana.

Ms. Anmol Kaur, Advocate for respondent No.2.

AMAN CHAUDHARY, J.(Oral)

Present petition has been filed for quashing of FIR No.717,

dated 02.10.2016, under Section 67 of Information Technology Act,

2000, registered at Police Station Hansi, District Hisar, and all other

consequential proceedings arising therefrom on the basis of the

compromise dated 26.02.2021.

Notice of motion was issued on 22.03.2021 and both the

parties were directed to appear before the Illaqa Magistrate for recording

their statements in the context of genuineness of the compromise. The

Illaqa Magistrate was also directed to submit its report with regard to

genuineness of the compromise.

Pursuant to the aforesaid order, report dated 06.04.2021 has

been received from the Sub Divisional Judicial Magistrate, Hansi,

District Hisar. A perusal of the said report reveals that statements of the

concerned persons have been recorded in the present case, who have

1 of 3

CRM-M-13042-2021 (O&M) -2-

stated that the matter has been settled between the parties and they have

no objection in case the FIR in question is quashed. It is stated in the

report that it is a matrimonial dispute and both the parties are residing

with each other and the compromise effected between the parties is

genuine and has been arrived at between them without any pressure or

coercion.

I have heard learned counsel for the parties and have also

gone through the case file.

After perusing the report submitted by the trial Court, this

Court finds that the matter has been amicably settled between the

petitioner(s) and the complainant(s). Since the matter has been settled and

the parties have decided to live in peace, this Court is of the view 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 view that the same was

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.

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

2 of 3

CRM-M-13042-2021 (O&M) -3-

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 the above, the petition is allowed and FIR No.717,

dated 02.10.2016, under Section 67 of Information Technology Act,

2000, registered at Police Station Hansi, District Hisar, and all other

consequential proceedings arising therefrom, are quashed qua the

petitioners.

September 19, 2022                               (AMAN CHAUDHARY)
sarita                                                 JUDGE

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




                                        3 of 3