Punjab-Haryana High Court
Vinod Kumar And Another vs State Of Punjab And Another on 23 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:055104
CRM-M-10636-2024 2024:PHHC:055104 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
288 CRM-M-10636-2024
DATE OF DECISION: 23.04.2024
VINOD KUMAR AND ANR. ...PETITIONERS
Versus
STATE OF PUNJAB AND ANR. ... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. G.S.Virk, Advocate for the petitioner(s).
Mr. J.S. Rattu, DAG, Punjab.
Mr. M.S. Sidhu, Advocate for respondent No.2.
***
SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No.171, dated 24.06.2016 (Annexure P-1), under Sections 380, 381,
120-B of the IPC, 1860 registered at Police Station Focal Point,
Ludhiana, with all subsequent proceedings arising therefrom, on the
basis of compromise dated 05.02.2024 (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 29.02.2024, 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 08.04.2024 has been received from JMIC,
Ludiana, stating that the parties have entered into a compromise, which
is genuine, voluntary and without any coercion or undue influence.
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Learned counsel for respondent No.2 submits that he has no
objection if the petition is allowed.
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
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Neutral Citation No:=2024:PHHC:055104
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.171, dated 24.06.2016 (Annexure
P-1), under Sections 380, 381, 120-B of the IPC, 1860 registered at
Police Station Focal Point, Ludhiana, with all subsequent proceedings
arising therefrom, on the basis of compromise dated 05.02.2024
(Annexure P-2), is quashed qua the petitioners.
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
JUDGE
23.04.2024
anuradha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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