Punjab-Haryana High Court
Sourabh And Others vs State Of Haryana And Others on 6 March, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:032709
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
281 CRM-M-1154-2024
DATE OF DECISION: 06.03.2024
SOURABH AND OTHERS ...PETITIONERS
Versus
STATE OF HARYANA AND OTHERS ...RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: None for the petitioner(s).
Mr. B.S.Virk, Sr. DAG, Haryana.
***
SANDEEP MOUDGIL, J (ORAL)
Prayer in this petition is for quashing of FIR No.190 dated
27.09.2023 (Annexure P-1) under Sections 148/149/323/324/506 IPC
registered at P.S. Partap Nagar, District Yamuna Nagar along with all
consequential proceedings arising therefrom, on the basis of
compromise dated 11.12.2023 (Annexure P-2) arrived at between the
parties.
During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of
FIR.
Vide order dated 11.01.2024, 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 22.02.2024 has been received from Sub
Divisional Judicial Magistrate, Sub Division Bilaspur, District Yamuna
Nagar stating that the parties have entered into a compromise, which is
genuine, voluntary and without any coercion or undue influence.
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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
theimmediate 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
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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 above, FIR No.190 dated 27.09.2023 (Annexure
P-1) under Sections 148/149/323/324/506 IPC registered at P.S. Partap
Nagar, District Yamuna Nagar along with all consequential proceedings
arising therefrom, on the basis of compromise dated 11.12.2023
(Annexure P-2), is quashed qua the petitioners.
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
JUDGE
06.03.2024
anuradha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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