Chaichal Singh Alias Chanchal ... vs State Of Punjab And Others
2023 Latest Caselaw 8564 P&H

                                                          Neutral Citation No:=2023:PHHC:079032




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238        IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                                          CRM-M-13280-2023
                                                         DECIDED ON: 30.05.2023

CHAICHAL SINGH ALIAS CHANCHAL SINGH AND ORS.

                                                             .....PETITIONER

                                      VERSUS

STATE OF PUNJAB AND OTHERS                                       .....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Tarun Singla, Advocate for the petitioners.

Mr. Rajiv Verma, DAG, Punjab.

Mr. Gagandeep Singh Simble, Advocate for the respondent No.2.

SANDEEP MOUDGIL, J (ORAL)

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

No.337 dated 11.04.2022 under Sections 323, 324, 427, 148, 149 of IPC

(Annexure P-1) in FIR No.0038, dated 06.04.2022 (Annexure P-2), under Sections

336, 506, 148, 149 of the IPC and Sections 25, 27, 54, 59 of Arms Act, 1959

registered at Police Station Sadar, Police District Batala, District Gurdaspur with

all subsequent proceedings arising therefrom, on the basis of compromise dated

04.03.2023 (Annexure P-3).

During the pendency of the dispute, the parties have compromised the

matter and filed the present petition for quashing of FIR.

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Vide order dated 16.03.2023, 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 15.05.2023 has been received from Judicial

Magistrate Ist Class, Batala stating that the parties have entered into a

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

influence.

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

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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-2), with all the consequential

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

compromise (Annexure P-3).

The present petition is hereby allowed.

                                                     (SANDEEP MOUDGIL)
30.05.2023                                                JUDGE
joyti

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



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