Kaushlender vs State Of Haryana And Anr
2022 Latest Caselaw 11881 P&H

CRM-M-32986-2021                                           -1-

  IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

                                CRM-M-32986-2021
                                Date of Decision: September 21, 2022

Kaushlender                                                ------Petitioner
                                   Versus
State of Haryana and another                               ----Respondents


CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:    Ms. Neha Jain, Advocate
            for the petitioner.

            Ms. Aditi Girdhar, AAG, Haryana.

            Ms. Rajni Bala, Advocate
            for respondent No.2.

AMAN CHAUDHARY, J. (Oral)

Present petition has been filed for quashing of FIR No.360,

dated 15.10.2020 (Annexure P-1) under Sections 379-A and 34 IPC

registered at Police Station Sector-50, District Gurugram and all other

consequential proceedings arising therefrom on the basis of the compromise

dated 07.08.2021 (Annexure P-3).

Notice of motion was issued on 17.11.2021 and both the parties

were directed to appear before the trial Court for recording their statements

in the context of genuineness of the compromise. The trial Court was also

directed to submit its report with regard to genuineness of the compromise.

Pursuant to the aforesaid order, report dated 11.01.2022 has

been received from the Judicial Magistrate, 1st Class, Gurugram. A perusal

of the said report reveals that statements of the concerned persons have been

recorded in the present case, who have stated that the matter has been

settled between the parties and they have no objection in case the FIR in

question is quashed and the compromise effected between them is genuine,

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without any undue influence and coercion. It is stated in the report that there

are four accused and one victim, who is complainant. None of the accused

has been declared as proclaimed offender and none of them is involved in

any other FIR.

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 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

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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.360,

dated 15.10.2020 (Annexure P-1) under Sections 379-A and 34 IPC

registered at Police Station Sector-50, District Gurugram and all other

consequential proceedings arising therefrom, are quashed qua the petitioner

.

                                              (AMAN CHAUDHARY)
                                                   JUDGE
21.09.2022
Atul

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




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