Parveen Kaur vs State Of Punjab And Amr
2023 Latest Caselaw 1813 P&H

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           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
                                          CRM-M-44027-2018
                                      DECIDED ON: 27.01.2023

PARVEEN KAUR                                          .....PETITIONER

                                   VERSUS

STATE OF PUNJAB AND ANOTHER                         .....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Maninder Singh Bajwa, Advocate for the petitioner.

Mr. Mohit Chaudhary, AAG, Punjab.

None for respondent No.2.

SANDEEP MOUDGIL, J (ORAL)

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

No.160, dated 04.08.2018 under Section 306 of the Indian Penal Code, 1860

registered at Police Station Sadar Patti, District Tarn Taran (Annexure P-1)

with all the consequential proceedings arising therefrom, on the basis of

compromise dated 31.08.2018 (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 05.10.2018, 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 31.10.2018 has been received from Chief

Judicial Magistrate, SAS Nagar, Mohali stating that the parties have entered

into a compromise, which is genuine, voluntary and without any coercion or

undue influence.

There is no representation on behalf of respondent No.2 which

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shows that he has no objection to the quashing of FIR.

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

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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

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 No.160, dated 04.08.2018 under Section

306 of the Indian Penal Code, 1860 registered at Police Station Sadar Patti,

District Tarn Taran (Annexure P-1), with all the consequential proceedings

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

dated 31.08.2018 (Annexure P-2).

The present petition is hereby allowed.

                                                     (SANDEEP MOUDGIL)
27.01.2023                                                JUDGE
Meenu

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




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