Punjab-Haryana High Court
Sagar And Others vs State Of Haryana And Others on 25 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:056766
CRM-M-8835-2024 - 1-
277 2024:PHHC:056766
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-8835-2024 (O&M)
DECIDED ON: 25.04.2024
SAGAR AND OTHERS
.....PETITIONERS
VERSUS
STATE OF HARYANA AND OTHERS
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.
Present: Mr. Krishan Kanha Advocate
for the petitioners.
Mr. G.S. Dhillon, AAG, Haryana.
Mr. Kshitiz Goel, Advocate
for respondents No.2 and 3.
SANDEEP MOUDGIL, J (ORAL)
1. The jurisdiction of this Court under Section 482 Cr.P.C. has been
invoked seeking quashing of FIR 6, dated 06.01.2024 (Annexure P-1), under
Section 25 of Arms Act, 1959 and Section 147, 149, 323 and 506 IPC (Section 379-
B IPC added later on) registered at Police Station Ballabhgarh Sadar, District
Faridabad with all subsequent proceedings arising therefrom, on the basis of
compromise/affidavits dated 06.01.2024 (Annexures P-2 and P-3).
2. During the pendency of the dispute, the parties have compromised the
matter and filed the present petition for quashing of FIR.
3. Vide order dated 20.02.2024, parties were directed to appear before the
Illaqa Magistrate/Trial Court for recording of their statements with regard to
genuineness of compromise and report in that regard was called for.
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4. The report dated 13.03.2024 has been received from learned Civil
Judge (Jr. Division)-cum-Judicial Magistrate Ist Class, Faridabad, stating that the
parties have entered into a compromise voluntarily and without any coercion or
undue influence and the same appears to be genuine. None of the accused-persons
has been declared as proclaimed offender.
5. 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
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effect to the same unless such compromise is abhorrent to lawful
composition of the society or would promote savagery."
6. 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'.
7. 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 wastage of judicial
time and there appears to be no chances of conviction.
8. In view of above, FIR 6, dated 06.01.2024 (Annexure P-1), under
Section 25 of Arms Act, 1959 and Section 147, 149, 323 and 506 IPC (Section 379-
B IPC added later on) registered at Police Station Ballabhgarh Sadar, District
Faridabad with all subsequent proceedings arising therefrom are quashed qua the
petitioners, on the basis of compromise/affidavits dated 06.01.2024 (Annexures P-2
and P-3).
9. In the afore-said terms, the present petition is, hereby allowed.
10. Pending misc. application, if any also disposed off.
(SANDEEP MOUDGIL)
25.04.2024 JUDGE
sham
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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