Punjab-Haryana High Court
Kapil And Others vs State Of Haryana And Another on 1 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:043197
256 2024:PHHC:043197
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-64771-2023
DECIDED ON: 01.04.2024
KAPIL AND OTHERS
.....PETITIONERS
VERSUS
STATE OF HARYANA AND ANOTHER
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Lalit Kumar Narang, Advocate
for the petitioners.
Mr. Gurbir Singh Dhillon, AAG, Haryana.
Mr. Ankur Dua, Advocate
for respondent No.2.
SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of FIR
No.0266, dated 10.07.2021 (Annexure P-1), under Sections 148, 149, 323,
427, 452, 506 of the Indian Penal Code, 1860 (Section 325 IPC added later
on), registered at Police Station Urban Estate Rohtak, District Rohtak with
all the consequential proceedings arising therefrom, on the basis of
compromise dated 02.12.2023 (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 22.12.2023, 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 15.02.2024 has been received from Addl.
Chief Judicial Magistrate, Rohtak, stating that the parties have entered into a
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Neutral Citation No:=2024:PHHC:043197
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 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
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Neutral Citation No:=2024:PHHC:043197
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 0266, dated 10.07.2021 (Annexure P-1),
under Sections 148, 149, 323, 427, 452, 506 of the Indian Penal Code, 1860
(Section 325 IPC added later on), registered at Police Station Urban Estate
Rohtak, District Rohtak with all the consequential proceedings arising
therefrom, is quashed qua the petitioners, on the basis of compromise dated
02.12.2023 (Annexure P-2).
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
01.04.2024 JUDGE
Poonam Negi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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