Kulwant Singh vs State Of Punjab And Another
2023 Latest Caselaw 5429 P&H

                                                          Neutral Citation No:=2023:PHHC:059257




                                                         2023:PHHC:059257

267           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                        CRM-M-7600-2023
                                        Date of decision: 26.04.2023

Kulwant Singh                                                       ...........Petitioner
                                      versus
State of Punjab and others                                        .......Respondents


CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:     Mr. G.S. Randhawa, Advocate
             for the petitioner.

             Mr. Mohit Thakur, AAG, Punjab.

             None for respondents No.2 & 3.

SANDEEP MOUDGIL, J. (ORAL)

This is a petition under Section 482 Cr.P.C. for quashing of FIR

No.0169, dated 12.11.2022 under Sections 420/406 of the Indian Penal Code,

1860 registered at Police Station Shri Hargobindpur, Police District Batala

District Gurdaspur, Punjab (Annexure P-1), with all the consequential

proceedings arising therefrom, on the basis of compromise dated 04.01.2023

(Annexure P-2).

During the pendency of the dispute, the parties have compromised

the matter and filed the present petition for quashing of FIR.

Vide order dated 13.02.2023, parties were directed to appear before

the Illaqa Magistrate/Trial Court and report with regard to the genuineness of

the compromise was called for.

The report dated 02.03.2023 has been received from Judicial

Magistrate 1st Class, Batala, stating that the parties have entered into a

compromise, which is genuine, voluntary and without any coercion or undue

influence.

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There is no representation on behalf of respondents No.2 & 3

which shows that they have no objection if the present FIR is quashed.

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 ever- lasting 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 '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

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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, FIR (Annexure P-1), with all the consequential

proceedings arising therefrom, is quashed qua the petitioner, on the basis of

compromise dated 04.01.2023 (Annexure P-2).

The present petition is hereby allowed.

                                                   (SANDEEP MOUDGIL)
26.04.2023                                              JUDGE
Neha

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




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