Punjab-Haryana High Court
Balwinder Singh vs State Of Punjab And Others on 18 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:052140
CRM-M-4018 of 2024 -1- 2024:PHHC:052140
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
280
CRM-M-4018 of 2024
Date of Decision: 18.04.2024
Balwinder Singh ..... Petitioner
Versus
State of Punjab and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Aseem Sharma, Advocate
for the petitioner.
Mr. Rajiv Verma, DAG, Punjab.
Mr. M.S. Sidhu, Advocate, for
Mr. Ishan Kaushal, 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.202, dated 15.11.2019 (Annexure P-1), under Sections 420 and 406 of
the IPC, 1860 and Section 13 of Punjab Travel Professional Regulation Act,
2014, registered at Police Station Fatehgarh Sahib, District Fatehgarh Sahib
(Annexure P-2), 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 25.01.2024, 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 12.03.2024 has been received from Judicial
Magistrate Ist Class, Fatehgarh Sahib, stating that the parties have entered
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into a compromise, which is genuine, voluntary and without any coercion or
undue influence.
Learned counsel for respondents No.2 and 3 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
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
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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.202, dated 15.11.2019 (Annexure
P-1), under Sections 420 and 406 of the IPC, 1860 and Section 13 of Punjab
Travel Professional Regulation Act, 2014, registered at Police Station
Fatehgarh Sahib, District Fatehgarh Sahib, with all the consequential
proceedings arising therefrom, is quashed qua the petitioner, on the basis of
compromise.
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
18.04.2024 JUDGE
D.Bansal
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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