Punjab-Haryana High Court
Vinod Kumar Kundu And Ors vs State Of Haryana And Anr on 30 September, 2022
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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257 CRM-M-2373-2021
Date of Decision: 30.09.2022
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Vinod Kumar Kundu & Ors. ... Petitioners
VS.
State of Haryana & Anr. ... Respondents
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CORAM: HON'BLE MR.JUSTICE SANDEEP MOUDGIL
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Present: Mr. Suneel Ranga, Advocate for the petitioners
Mr. Surender Singh, AAG Haryana
Mr. Nonish Kumar, Advocate for respondent No.2
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Sandeep Moudgil, J. (Oral)
This is a petition under Section 482 Cr.P.C. for quashing of FIR
No.825 dated 09.12.2020 under Sections 406/420/506 IPC and Section 10 of
Emigration Act, 1983 registered at Police Station Thanesar City, District
Kurukshetra (Annexure P1) and all other subsequent proceedings arising
therefrom on the basis of compromise dated 08.01.2021 (Annexure P2).
During the pendency of the dispute, the parties have
compromised the matter. Vide order dated 18.01.2021, parties were directed
to appear before the Illaqa Magistrate/Trial Court and for report with regard
to the genuineness of the compromise.
The report dated 18.02.2021 has been received from learned
CJM, Kurukshetra 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:-
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"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."
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
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'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 wastage of
judicial time as there appears to be no chances of conviction.
In view of above, the present petition is allowed and the above
mentioned FIR (Annexure P1) with all subsequent proceedings arising
therefrom are quashed qua the petitioners in view of compromise (Annexure
P2).
30.09.2022 (Sandeep Moudgil)
V.Vishal
Judge
1. Whether speaking/reasoned? Yes/No
2. Whether reportable? Yes/No
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