Punjab-Haryana High Court
Harpreet Singh And Another vs State Of Punjab And Others on 4 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:046869
2024:PHHC:046869
CRM-M- 39242-2023 (O&M) -1-
278-2
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M- 39242-2023 (O&M)
DECIDED ON: April 04, 2024
HARPREET SINGH AND ANOTHER
.....PETITIONERS
VERSUS
STAE OF PUNJAB AND OTHERS
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Vishal Mehta, Advocate
for the petitioners.
Mr. Amit Shukla, AAG, Punjab.
Mr. Inderjeet Singh Chawla, Advocate
for respondent No. 2 to 4.
*****
SANDEEP MOUDGIL, J. (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of FIR
No. 0231 dated 30.08.2019 under Sections 323, 324, 506, 34 and later on
added Section 326 IPC at Police Station Kotwali Patiala, District Patiala
(Annexure P-1), on the basis of compromise.
During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of FIR.
Vide order dated 11.08.2023, 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 21.09.2023 has been received from Chief
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Judicial Magistrate stating that the parties have entered into a compromise,
which is genuine, voluntary and without any coercion or undue influence.
Learned counsel for respondent No.2 to 4 submits that he has
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 non-
compoundable 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
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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 No. 0231 dated 30.08.2019 under
Sections 323, 324, 506, 34 and later on added Section 326 IPC at Police
Station Kotwali Patiala, District Patiala with all the consequential
proceedings arising therefrom, is quashed qua the petitioners, on the basis
of compromise.
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
April 04, 2024 JUDGE
Seema
Whether speaking/reasoned Yes
Whether reportable No
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