Punjab-Haryana High Court
Badal Roongta And Anr vs State Of Haryana And Another on 15 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:051361
CRM-M-46642-2023 (1) N.C. No.2024:PHHC:051361
290 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-46642-2023
DECIDED ON: 15.04.2024
BADAL ROONGTA AND ANOTHER
.....PETITIONERS
VERSUS
STATE OF HARYANA AND ANOTHER
.....RESPONDENTS
CORAM:HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. T.S. Saggu, Advocate for the petitioners.
Mr. G.S. Dhillon, AAG, Haryana.
Mr. Pankaj Nanhera, Advocate for respondent No.2.
SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of
Criminal Complaint No. NACT 1978 of 2021 dated 08.06.2021 titled as "M/s
Bhagwati Coal Movers Pvt. Ltd. Vs. M/s Shri Barkha Enterprises and
Another", registered under Section 138 and 142 of the Negotiable Instruments
Act, 1881 read with Section 420 of the Indian Penal Code, 1860 (Annexure
P-1) and order dated 13.02.2023 (Annexure P-3) as well as the summoning
order dated 06.05.2023 (Annexure P-4) passed by Ld. Judicial Magistrate Ist
Class, Faridabad.
This Court vide order dated 13.03.2024 has passed the following
order:-
"Learned counsel for the parties are ad idem to submit that
both the parties are willing to settle the matter amicably. As has been
further requested by both the sides, parties are directed to appear before the
Mediator, Mediation and Conciliation Centre, District Court, Faridabad on
18.03.2024 at 10:00 AM. After conducting the proceedings, the Mediator
shall send the report to this Court through Registrar, Judicial within a
period of one week thereafter. List on 15.04.2024 for further consideration."
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In pursuance of the aforesaid order and during the pendency of
the dispute, the parties have amicably settled the matter before the Mediator,
Mediation and Conciliation Centre, District Court, Faridabad and,
accordingly, the settlement/agreement has reduced in writing on 27.03.2024,
as is evident from the copy of the report received from the District & Sessions
Judge, Faridabad.
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 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,
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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, Criminal Complaint No. NACT 1978 of 2021
dated 08.06.2021 titled as "M/s Bhagwati Coal Movers Pvt. Ltd. Vs. M/s
Shri Barkha Enterprises and Another", registered under Section 138 and 142
of the Negotiable Instruments Act, 1881 read with Section 420 of the Indian
Penal Code, 1860 (Annexure P-1) and order dated 13.02.2023 (Annexure P-3)
as well as the summoning order dated 06.05.2023 (Annexure P-4) along with
all the consequential proceedings arising therefrom, are quashed qua the
petitioners, on the basis of settlement/agreement dated 27.03.2024 arrived at
between the parties before the Mediator, Mediation and Conciliation Centre,
District Court, Faridabad.
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
15.04.2024 JUDGE
Anjal
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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