Punjab-Haryana High Court
Kavita Jindal And Ors vs State Of Haryana And Others on 2 May, 2023
Neutral Citation No:=2023:PHHC:063034
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-974-2023 in/and
CRM-M-52915-2021
DECIDED ON:02.05.2023
KAVITA JINDAL AND ORS.
.....APPLICANTS-PETITIONERS
VERSUS
STATE OF HARYANA AND OTHERS
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Lupil Gupta, Advocate
for the applicants-petitioners.
Mr. Ashok Kumar Sehrawat, DAG, Haryana.
None for respondents No.2 & 3.
SANDEEP MOUDGIL, J (ORAL)
*****
CRM-974-2023
This is an application under Section 482 of Cr.P.C., for
permission to place on record the copy of compromise, Annexure P-5 and also
to exempt the applicant-petitioner from filing the certified/true copy thereof.
Application is allowed as prayed for.
Annexure P-5 is taken on record with just exceptions.
CRM-M-52915-2021
This is a petition under Section 482 Cr.P.C. for quashing of FIR
No.344, dated 11.09.2021 under Sections 323 and 506 of the Indian Penal
Code, 1860, registered at Police Station Rajender Park, Gurugram (Annexure
P-1) as well as impugned notices under Section 41-A Cr.P.C., dated
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23.11.2021 and 03.11.2021 (Annexures P-3 and P-4), with all the
consequential proceedings arising therefrom, on the basis of compromise
dated 26.08.2022 (Annexure P-5).
During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of FIR.
Vide order dated 14.12.2022, parties were directed to appear
before the Illaqa Magistrate/Trial Court for recording of their statements and
report with regard to the genuineness of the compromise was called for.
The report dated 27.01.2023 has been received from Judicial
Magistrate 1st Class, Gurugram 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 respondents No.2 & 3
which shows that they have no objection to the quashing of present 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
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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
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 26.08.2022 (Annexure P-5).
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The present petition is hereby allowed.
(SANDEEP MOUDGIL)
02.05.2023 JUDGE
Meenu
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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