Punjab-Haryana High Court
Gurdev Singh vs State Of Haryana And Others on 6 August, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
SOA SRRC ION (1 5
CRM-M-31798-2024 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(287) CRM-M-31798-2024 (O&M)
Date of Decision : 06.08.2024
Gurdev Singh ... Petitioner
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Parminder Singh, Advocate
for the petitioner.
Mr. Surender Singh Pannu, Addl. AG, Haryana.
Ms. Kamlesh, Advocate
for respondents No.2 and 3.
3 2fe 2c 24
SANDEEP MOUDGIL, J.(ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No.46, dated 23.02.2002, under Sections 279, 337 and 338 of the Indian
Penal Code, 1860 registered at Police Station Butana, District Karnal
(Annexure P-1), with all the consequential proceedings arising therefrom qua
petitioner, on the basis of compromise by way of affidavits (Annexure P-2
and P-3).
During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of FIR.
Vide order dated 08.07.2024, 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 23.07.2024 has been received from Judicial
2024.08.07 09:36 Magistrate, Ist Class, Karnal duly forwarded by District and Sessions Judge,
I attest to the accuracy a
authenticity of this
order/judgment
SO24 BHR TOG? ¢
CRM-M-31798-2024 (O&M) 2
Karnal stating that the parties have entered into a compromise, which is
genuine, voluntary and without any coercion or undue influence.
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 non compoundable 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."
SUPE PREC TOOT tH
CRM-M-31798-2024 (O&M)
The legal principles as laid down for quashing of the judgment
were also approved by Hon'ble the 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 Hon'ble the 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.46, dated 23.02.2002, under Sections
279, 337 and 338 of the Indian Penal Code, 1860 registered at Police Station
Butana, District Karnal (Annexure P-1), with all the consequential
proceedings arising therefrom is quashed qua petitioner, on the basis of
compromise by way of affidavits (Annexure P-2 and P-3).
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
JUDGE
August 06, 2024
Manpreet
Whether speaking/reasoned --_:: Yes/No
Whether reportable : Yes/No
