Punjab-Haryana High Court
Ajmer Singh Dhillon vs State Of Punjab And Anr on 30 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:059555
CRM-M-15641 of 2024 2024:PHHC:059555 1
286 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-15641 of 2024
Date of decision : April 30, 2024
Ajmer Singh Dhillon
...... Petitioner
Versus
State of Punjab and another
...... Respondents
CORAM : HON'BLE MR. JUSTICE SANDEEP MOUDGIL
***
Present :-Mr. Aman Pratap Singh, Advocate
for the petitioner.
Mr. Jaspal Singh Guru, AAG., Punjab.
Mr. Amit Kumar Saini, Advocate
for respondent No.2.
***
SANDEEP MOUDGIL, J (Oral)
1. This is a petition under Section 482 Cr.P.C. for quashing of
FIR No. 0036, dated 09.03.2017 under Sections 379, 447 of the Indian
Penal Code, 1860, registered at Police Station, Machhiwara Sahib, District
Khanna (Annexure P-1) with all the consequential proceedings arising
therefrom, on the basis of compromise dated 01.02.2024 (Annexure 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 01.04.2024, parties were directed to appear
before the Illaqa Magistrate/Trial Court and report with regard to the
genuineness of the compromise was called for.
4. The report dated 16.04.2024 has been received from Judicial
Magistrate First Class, Samrala, stating that the parties have entered into a
compromise, which is genuine, voluntary and without any coercion or
undue influence.
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5. Learned counsel appearing on behalf of respondent No.2
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 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
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Neutral Citation No:=2024:PHHC:059555
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'.
6. 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.
7. In view of the above, FIR No. 0036, dated 09.03.2017 under
Sections 379, 447 of the Indian Penal Code, 1860, registered at Police Station,
Machhiwara Sahib, District Khanna (Annexure P-1) with all the consequential
proceedings arising therefrom, is quashed qua the petitioner on the basis of
compromise dated 01.02.2024 (Annexure P-3).
8. The present petition is hereby allowed.
April 30, 2024 ( SANDEEP MOUDGIL)
archana JUDGE
Whether speaking/reasoned Yes
Whether Reportable : No
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