Harbhajan Singh And Others vs State Of Haryana And Another
2024 Latest Caselaw 10510 P&H

Citation : 2024 Latest Caselaw 10510 P&H
Judgement Date : 1 July, 2024

Punjab-Haryana High Court

Harbhajan Singh And Others vs State Of Haryana And Another on 1 July, 2024

Author: Kirti Singh

Bench: Kirti Singh

                                       Neutral Citation No:=2024:PHHC:081074




CRM-M-18701-2024                                                               1

202
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                     CRM-M-18701-2024
                                                     Date of Decision : 01.07.2024

Harbhajan Singh and others

                                                           .....Petitioners

                                       Versus
State of Haryana and another

                                                           .....Respondents

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:    Mr. Sanjiv Gupta, Advocate
            for the petitioners

             Mr. Anmol Malik, DAG Haryana

            Mr. Manoj Chahal, Advocate
            for respondent No. 2

KIRTI SINGH, J.(Oral)

1. The present petition has been filed under Section 482 Cr.P.C. for

quashing of FIR No. 0058, dated 14.03.2023, registered under Section 408 IPC at

Police Station Jhojhu Kalan, District Charkhi Dadri, and all other consequential

proceedings arising therefrom on the basis of the compromise dated 08.04.2024.

2. Heard learned counsel for the parties and also gone through the case

file.

3. As per the terms and conditions of the settlement/agreement, the

petitioners have paid Rs. 5,00,000/- to respondent No. 2. A copy of the demand

draft No. 953292 dated 28.06.2024 has been filed in the Court today. The same is

taken on record.

4. This Court while issuing notice of motion vide order dated

18.04.2024, directed the parties to appear before the trial Court/Illaqa Magistrate 1 of 3

Neutral Citation No:=2024:PHHC:081074

for recording their statements with regard to the compromise.

5. Pursuant to the aforesaid order, report dated 09.05.2024 has been

received from the Judicial Magistrate 1st Class, Charkhi Dadri. A perusal of the

said report reveals that statements of the concerned persons have been recorded in

the present case, who have stated that the matter has been settled between them

and they have no objection in case the FIR in question is quashed. The

compromise effected between them is genuine, without any undue influence and

coercion. It is stated in the report that there are two accused. None of them has

been declared as proclaimed offender and are not involved in any other FIR.

6. The Full Bench of this Court in Kulwinder Singh and others vs. State

of Punjab, 2007 (3) RCR (Criminal) 1052, held that High Court has power under

Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and

quash the prosecution where the High Court is of the view that the same was

required to prevent the abuse of the process of law or otherwise to secure the ends

of justice. This power of quashing is not confined to matrimonial disputes alone.

7. Hon'ble the Supreme Court in the case of Gian Singh vs. State of

Punjab and another, 2012 (4) RCR (Criminal) 543, had observed that in order to

secure the ends of justice or to prevent the abuse of process of Court, inherent

power can be used by this Court to quash criminal proceedings in which a

compromise has been effected. The relevant portion of para 57 of the said

judgment reads thus:-

"57. The position that emerges from the above discussion can be

summarised thus: the power of the High Court in quashing a criminal

proceeding or FIR or complaint in exercise of its inherent jurisdiction

is distinct and different from the power given to a criminal court for

2 of 3

Neutral Citation No:=2024:PHHC:081074

compounding the offences under Section 320 of the Code.

Inherent power is of wide plenitude with no statutory limitation but it

has to be exercised in accord with the guideline engrafted in such

power viz; (i) to secure the ends of justice or (ii) to prevent abuse of

the process of any Court.

xxx xxx xxx. "

8. In view of the afore-referred judgments, perusing the report of the trial

Court regarding amicable settlement between the petitioners and the complainant,

this Court finds that quashing the FIR will accord a quietus to all disputes between

the parties and it is in the interest of both sides to bury the hatchet and lead a

peaceful life. Thus, no useful purpose would be served in continuing the

proceedings and in order to secure the ends of justice, the criminal proceedings in

the present case deserve to be quashed.

9. Resultantly, the present petition is allowed and FIR No. 0058, dated

14.03.2023, registered under Section 408 IPC at Police Station Jhojhu Kalan,

District Charkhi Dadri, and all other consequential proceedings arising therefrom

are quashed qua the petitioners on the basis of the compromise dated 08.04.2024.