Punjab-Haryana High Court
Narender Singh And Others vs State Of Haryana And Others on 20 January, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:007963
CRM-M-28415-2023 1
2023:PHHC:007963
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-28415-2023
DECIDED ON: 20.01.2024
NARENDER SINGH AND OTHERS
.....PETITIONERS
VERSUS
STATE OF HARYANA AND OTHERS
.....RESPONDENTS
CORAM:HON'BLE MR. JUSTICE SANDEEP MOUDGIL.
Present: Mr. Raj Kumar Rathore, Advocate
for the petitioners.
Mr. Pawan Jhanda, AAG, Haryana.
Mr. Rohit Bhardwaj, Advocate
for respondents No.2 and 3.
SANDEEP MOUDGIL, J (ORAL)
1. This is a petition under Section 482 Cr.P.C. for quashing of
FIR No.166, dated 06.06.2019, under Sections 323/324/34/506 of the
Indian Penal Code, 1860 (subsequently Section 326 was added) registered
at Police Station Chandimandir, District Panchkula, (Annexure P-1), with
all the consequential proceedings arising therefrom, on the basis of
compromise dated 24.05.2023 (Annexure P-2).
2. Status report by way of an affidavit of Aryan Chaudhary,
HPS, ACP, Panchkula on behalf of respondent-State has been filed. The
same is taken on record.
3. During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of
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FIR.
4. Vide order dated 01.06.2023 and 17.11.2023 parties were
directed to appear before the Illaqa Magistrate/Trial Court and report with
regard to the genuineness of the compromise was called for.
5. The report dated 14.12.2023 has been received from
Additional Chief Judicial Magistrate, Panchkula, stating that the parties
have entered into a compromise, which is genuine, voluntary and without
any coercion or undue influence.
6. 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
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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."
7. 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'.
8. 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.
9. In view of above, FIR No.166, dated 06.06.2019, under
Sections 323/324/34/506 (subsequently Section 326 was added) of the
Indian Penal Code, 1860 registered at Police Station Chandimandir,
District Panchkula, (Annexure P-1), with all the consequential
proceedings arising therefrom, is quashed qua the petitioners, on the basis
of compromise dated 24.05.2023 (Annexure P-2).
10. The present petition is hereby allowed.
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11. Needless to say that the parties shall remain bound by terms
of compromise and their statements made before the Court below.
(SANDEEP MOUDGIL)
20.01.2024 JUDGE
Anu
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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