Sandeep Raghav And Another vs State Of Punjab And Another
2023 Latest Caselaw 11487 P&H

                                                         Neutral Citation No:=2023:PHHC:100785




CRM-M-27443-2023                         Neutral Citation No.. 2023:PHHC:100785
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

275
                                                      CRM-M-27443-2023
                                                      Decided on : 01.08.2023

Sandeep Raghav and another
                                                                          . . . Petitioners
                                        Versus
State of Punjab and another
                                                                       . . . Respondents

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

PRESENT: Mr. D. S. Gandhi, Advocate
         for the petitioners

            Ms. Himani Arora, AAG, Punjab

            Mr. Raghav Soni, Advocate
            for respondent No. 2

                                          ****

AMAN CHAUDHARY, J.

1. The present petition has been filed under Section 482 Cr.P.C. for

quashing of FIR No. 93 dated 15.03.2022 registered under Sections 406 and 420 of

the Indian Penal Code, 1860 at Police Station Sector-7, District Panchkula,

Annexure P-1 and all other consequential proceedings arising therefrom on the

basis of compromise and affidavit dated 18.05.2023.

2. This Court vide order dated 29.05.2023 had directed the parties to

appear before the trial Court/Illaqa Magistrate for recording their statements with

regard to the compromise.

3. Pursuant to the aforesaid order, report dated 13.06.2023 has been

received from the Chief Judicial Magistrate, Panchkula. A perusal of the said report

reveals that statements of the concerned persons have been recorded, who have

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stated that the matter has been settled between the parties and they have no

objection if the FIR in question is quashed. The compromise effected between

them is genuine, without any undue influence and coercion. It is also stated in the

report that there are 2 accused persons. They have not been declared as proclaimed

offenders and are not involved in any other case.

4. Heard learned counsel for the parties and perused the case file.

5. 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.

6. Hon'ble The Supreme Court 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.

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"

7. In view of the above-referred judgments and after a perusal of the

report of trial Court regarding amicable settlement between the petitioners and the

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complainant, this Court finds that quashing of FIR will accord a quietus to all

disputes between the parties and it is in the best 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.

8. Resultantly, the present petition is allowed and FIR No. 93 dated

15.03.2022 registered under Sections 406 and 420 of the Indian Penal Code, 1860

at Police Station Sector-7, District Panchkula, Annexure P-1 and all other

consequential proceedings arising therefrom are quashed qua the petitioners on the

basis of compromise and affidavit dated 18.05.2023.

                                                        (AMAN CHAUDHARY)
                                                               JUDGE
01.08.2023
Mehak

                  Whether reasoned/speaking?                    Yes/No
                  Whether reportable?                       Yes/No




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