Punjab-Haryana High Court
Jaswinder Singh Brar @ Jaswinder Singh ... vs State Of Punjab And Others on 15 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:050891
CRM-M-54173-2023 (1) N.C. No.2024:PHHC:050891
292 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-54173-2023
DECIDED ON: 15.04.2024
JASWINDER SINGH BRAR @ JASWINDER SINGH
ALIAS KAKA AND OTHERS
.....PETITIONERS
VERSUS
STATE OF PUNJAB AND OTHERS .....RESPONDENTS
CORAM:HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Ms. Khushi Suryawanshi, Advocate and
Mr. Sumit Bhardwaj, Advocate for
Mr. Lupil Gupta, Advocate for
the petitioners.
Mr. Daksh Prem Azad, AAG, Punjab.
Mr. Akhtar Hussain Haji, Advocate and
Mr. Harender, Advocate for respondents No.2 and 3.
SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of FIR
No.107, dated 23.06.2023, under Section 306 of the Indian Penal Code, 1860
registered at Police Station Baghapurana, District Moga (Annexure P-1), with
all the consequential proceedings arising therefrom, on the basis of
compromise dated 03.10.2023 (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 orders dated 18.01.2024 and 28.02.2024, 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 02.04.2024 has been received from Sub
Divisional Judicial Magistrate, Baghapurana stating that the parties have
entered into a compromise, which is genuine, voluntary and without any
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Neutral Citation No:=2024:PHHC:050891
CRM-M-54173-2023 (2) N.C. No.2024:PHHC:050891
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 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
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Neutral Citation No:=2024:PHHC:050891
CRM-M-54173-2023 (3) N.C. No.2024:PHHC:050891
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.107, dated 23.06.2023, under Section
306 of the Indian Penal Code, 1860 registered at Police Station Baghapurana,
District Moga (Annexure P-1), with all the consequential proceedings arising
therefrom, is quashed qua the petitioners, on the basis of compromise dated
03.10.2023 (Annexure P-2).
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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