Sahab Singh @ Sabi And Another vs State Of Haryana And Others
2023 Latest Caselaw 8811 P&H

                                                         Neutral Citation No:=2023:PHHC:081051




CRM-M-23406-2023                                                     1
                                          Neutral Citation No.2023:PHHC:081051

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

229
                                                     CRM-M-23406-2023
                                                     Decided on : 01.06.2023
Sahab Singh @ Sabi and anothers
                                                                         . . . Petitioners
                                       Versus
State of Haryana and others
                                                                      . . . Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
PRESENT: Mr. Parminder Singh, Advocate
         for the petitioners

            Mr. Dhruv Sihag, AAG, Haryana

            Ms. Kamlesh, Advocate for
            Ms. Anita Devi, Advocate
            for respondents No. 2 and 3

                                        ****

AMAN CHAUDHARY, J.

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

quashing of FIR No. 1073, dated 12.12.2022 registered under Sections 384, 388,

389, 120-B and 506 of the Indian Penal Code, 1860 at Police Station Chandni

Bagh, District Panipat, Annexure P-1 and all other consequential proceedings

arising therefrom on the basis of compromise dated 03.05.2023, Annexures P-2.

2. This Court vide order dated 09.05.2023 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 19.05.2023 has been

received from the Additional Chief Judicial Magistrate, Panipat. A perusal of the

said report reveals that statements of the concerned persons have been recorded,

who have 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

1 of 3

Neutral Citation No:=2023:PHHC:081051

Neutral Citation No.2023:PHHC:081051

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 have also gone through 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, perusal of the report of trial

Court regarding amicable settlement between the petitioners and the

2 of 3

Neutral Citation No:=2023:PHHC:081051

Neutral Citation No.2023:PHHC:081051

complainants, this Court finds that quashing of 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.

8. Resultantly, the present petition is allowed and FIR No. 1073, dated

12.12.2022 registered under Sections 384, 388, 389, 120-B and 506 of the Indian

Penal Code, 1860 at Police Station Chandni Bagh, District Panipat, Annexure P-1

and all other consequential proceedings arising therefrom are quashed qua the

petitioners on the basis of compromise and affidavit dated 03.05.2023.

                                                    (AMAN CHAUDHARY)
                                                        JUDGE
01.06.2023
Mehak

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




                                                         Neutral Citation No:=2023:PHHC:081051

                                     3 of 3