Punjab-Haryana High Court
Pritam Singh And Ors vs State Of Punjab And Ors on 30 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:059513
CRM-M-13511 of 2024(O&M) 2024:PHHC:059513 1
284 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-13511 of 2024(O&M)
Date of decision : April 30, 2024
Pritam Singh and others
...... Petitioners
Versus
State of Punjab and others
...... Respondents
CORAM : HON'BLE MR. JUSTICE SANDEEP MOUDGIL
***
Present :-Mr. B. R. Rana-I, Advocate
for the petitioners.
Mr. Jaspal Singh Guru, AAG., Punjab.
Mr. Vipan Kumar Sharma, Advocate
for respondent Nos.2 to 4.
***
SANDEEP MOUDGIL, J (Oral)
CM-18353-2024
This is an application under Section 482 Cr.P.C for placing on
record the amended Memo of Parties as father's name of petitioner No.3
and his UID and Phone number were typed incorrectly in the Memo of
Parties.
For the reasons mentioned in the application, the same is
allowed.
Amended Memo of Parties is taken on record. Registry is
directed to tag the same at an appropriate place.
CRM-M-13511 of 2024
1. This is a petition under Section 482 Cr.P.C. for quashing of
Complaint No. COMI/79/15 dated 03.09.2015, under Sections 323,
324,294, 506,148,149 of the Indian Penal Code, 1860 and Section 3 of
SC/ST (Prevention of Attrocities) Act, 1989 (Annexure P-1) as well as
order dated 23.08.2018 (Annexure P-2) vide which the petitioners have
1 of 4
Neutral Citation No:=2024:PHHC:059513
been summoned to face trial, on the basis of compromise dated 25.08.2023
(Annexure P-3) with all the consequential proceedings arising therefrom.
During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of FIR.
Vide order dated 15.03.2024, 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 18.04.2024 has been received from Judicial
Magistrate First Class, Jagraon, stating that the parties have entered into a
compromise, which is genuine, voluntary and without any coercion or
undue influence.
Learned counsel appearing on behalf of respondent Nos.2 to 4
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
2 of 4
Neutral Citation No:=2024:PHHC:059513
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
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 the above, Complaint No. COMI/79/15 dated
03.09.2015, under Sections 323, 324,294, 506,148,149 of the Indian Penal Code,
1860 and Section 3 of SC/ST (Prevention of Atrocities) Act, 1989 (Annexure P-1)
as well as order dated 23.08.2018 (Annexure P-2) vide which the petitioners have
been summoned to face trial, is quashed qua the petitioners the basis of
compromise dated 25.08.2023.
3 of 4
Neutral Citation No:=2024:PHHC:059513
(Annexure P-3).
The present petition is hereby allowed.
April 30, 2024 ( SANDEEP MOUDGIL)
archana JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable : Yes/No
4 of 4
