Gobind Pal Singh vs State Of Punjab And Another
2023 Latest Caselaw 8779 P&H

                                                          Neutral Citation No:=2023:PHHC:080486




CRM-M-16452-2023          2023:PHHC:080486                                 -1-

(228)        IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                               CRM-M-16452-2023
                                               Date of Decision:01.06.2023


Gobind Pal Singh                                                   ... Petitioner
                                       Vs.
State of Punjab and another                                        ... Respondents


CORAM : HON'BLE MR. JUSTICE SANDEEP MOUDGIL

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

             Mr. Mohit Chaudhary, A.A.G. Punjab.

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

SANDEEP MOUDGIL, J. (Oral)

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

No.145 dated 22.10.2019 under Sections 365, 342, 506, 148, 149 of the IPC, 1860

and Sections 66 and 67 of Information Technology (Amendment) Act, 2008

registered at Police Station City Jalalabad, District Fazilka (Annexure P-1) with all

subsequent proceedings arising therefrom on the basis of compromise dated

10.02.2023 (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 10.04.2023, the 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 16.05.2023 has been received from Sub Divisional

Judicial Magistrate, Jalalabad (West), stating that the parties have entered into a

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

influence.

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                                                         Neutral Citation No:=2023:PHHC:080486




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Full Bench of this Court in Kulwinder Singh and others v. 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.

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                                                              Neutral Citation No:=2023:PHHC:080486




CRM-M-16452-2023             2023:PHHC:080486                                 -3-

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 chance of conviction.

In view of the above, FIR No.145 dated 22.10.2019 under Sections

365, 342, 506, 148, 149 of the IPC, 1860 and Sections 66 and 67 of Information

Technology (Amendment) Act, 2008 registered at Police Station City Jalalabad,

District Fazilka (Annexure P-1) along with all the consequential proceedings

arising therefrom, are quashed qua the petitioner, on the basis of compromise.

The present petition is hereby allowed.

                                                   (SANDEEP MOUDGIL)
01.06.2023                                               JUDGE
rajeev

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




                                                             Neutral Citation No:=2023:PHHC:080486

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