Gurbans Alias Gurbax Singh Bains And Ors vs State Of Punjab And Others
2024 Latest Caselaw 14429 P&H

Punjab-Haryana High Court

Gurbans Alias Gurbax Singh Bains And Ors vs State Of Punjab And Others on 12 August, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

                                  Neutral Citation No:=2024:PHHC:104087




296
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                          CRM-M-4449-2024
                          DATE OF DECISION: 12.08.2024

       GURBANS ALIAS GURBAX SINGH BAINS AND ORS.
                                 ...PETITIONERS

                   Versus

       STATE OF PUNJAB AND OTHERS ... RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:    Mr. Vipin Mahajan, Advocate for the petitioner(s).
            Mr. Jaspal Singh Guru, AAG, Punjab.
            Ms. Chandanpreet Kaur Ahluwalia, Advocate
            for respondents No. 2 and 3.


        ***
SANDEEP MOUDGIL, J (ORAL)

This is a petition under Section 482 Cr.P.C. for quashing

of Complaint No. COMI/187/2018 dated 29.10.2018 along with all

consequential proceedings arising therefrom including summoning

order dated 18.01.2022 passed by JMIC, Gurdaspur on the basis of

compromise between the petitioner and respondents No. 2 and 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 30.01.2024, 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 28.02.2024 has been received from

Judicial Magistrate First Class, Gurdaspur, stating that the parties have

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Neutral Citation No:=2024:PHHC:104087

entered into a compromise, which is genuine, voluntary and without

any coercion or undue influence.

Learned counsel for respondents No.2 and 3 submits that

she 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 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

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Neutral Citation No:=2024:PHHC:104087

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, Complaint No. COMI/187/2018 dated

29.10.2018 along with all consequential proceedings arising therefrom

including summoning order dated 18.01.2022 passed by JMIC,

Gurdaspur on the basis of compromise between the petitioner and

respondents No. 2 and 3, is quashed qua the petitioners.

The present petition is hereby allowed.

                                       (SANDEEP MOUDGIL)
                                            JUDGE
12.08.2024
anuradha


Whether speaking/reasoned           Yes/No
Whether reportable                  Yes/No




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