Raman @ Ramandeepp vs State Of Haryana And Another
2023 Latest Caselaw 3902 P&H

                                                         Neutral Citation No:=2023:PHHC:050651




CRM-15698-2023 in/&                     2023:PHHC:050651
CRM-M-4055-2022 (O&M)                               -1-
         IN THE HIGH COURT OF PUNJAB & HARYANA
                      AT CHANDIGARH
120+266
                                         CRM-15698-2023 in/&
                                      CRM-M-4055-2022 (O&M)
                                      Date of decision: 12.04.2023

RAMAN @ RAMANDEEPP
                                                                         ....Petitioner(s)
                                Versus

STATE OF HARYANA AND ANOTHER
                                                                       ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                *****

Present : Mr. Divyam Singh, Advocate for the petitioner.

Mr. Dhruv Sihag, AAG Haryana.

Mr. Sukhdev Singh, Advocate for respondent No.2.

*****

AMAN CHAUDHARY. J.

CRM-15698-2023

For the reasons mentioned in the application, same is allowed.

Annexure P-3 is taken on record, subject to all just exceptions.

CRM-M-4055-2022

Present petition has been filed for quashing of FIR No.473, dated

24.12.2019, under Sections 323, 324, 307, 506 IPC, registered at Police Station

Madhuban, District Karnal, and all other consequential proceedings arising

therefrom on the basis of the compromise (Annexure P-2).

Notice of motion was issued on 11.02.2022 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.

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Neutral Citation No:=2023:PHHC:050651

CRM-15698-2023 in/& 2023:PHHC:050651 CRM-M-4055-2022 (O&M) -2-

Pursuant to the aforesaid order, report dated 09.03.2022 has been

received from the Judicial Magistrate 1st Class, Karnal. 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, without any undue influence and

coercion.

I have heard learned counsel for the parties and have also gone

through the case file.

The Full Bench of this Court in "Kulwinder Singh and others Vs

State of Punjab", 2007 (3) RCR (Criminal) 1052, 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 Supreme Court of India in the case of "Gian Singh Vs.

State of Punjab and another", 2012 (4) RCR (Criminal) 543, had 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 reads thus:-

"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.

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Neutral Citation No:=2023:PHHC:050651

CRM-15698-2023 in/& 2023:PHHC:050651 CRM-M-4055-2022 (O&M) -3-

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 judgments referred to above, perusing the report of the

trial Court regarding amicable settlement between the petitioner(s) and the

complainant(s), this Court finds that quashing the FIR will accord a quietus to all

disputes between the parties and it is in the interest of both sides to bury the

hatchet and lead a peaceful life. Thus, no useful purpose would be served in

continuing the proceedings and in order to secure the ends of justice, the criminal

proceedings in the present case deserve to be quashed.

Resultantly, the present petition is allowed and FIR No.473, dated

24.12.2019, under Sections 323, 324, 307, 506 IPC, registered at Police Station

Madhuban, District Karnal, and all other consequential proceedings arising

therefrom on the basis of the compromise (Annexure P-2), are quashed qua the

petitioner.

                                                (AMAN CHAUDHARY)
                                                     JUDGE
April 12, 2023
M.Kamra
      Whether speaking/reasoned         :      Yes/No
      Whether reportable                :      Yes/No

Neutral Citation No:=2023:PHHC:050651

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