Punjab-Haryana High Court
Jashanvir Singh Alias Jashanvir Singh ... vs State Of Punjab And Anr on 13 March, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:036338
CRM-M-3341-2024 2024:PHHC:036338 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
270 CRM-M-3341-2024
DATE OF DECISION: 13.03.2024
JASHANVIR SINGH ALIAS JASHANVIR SINGH GILL
...PETITIONER
Versus
STATE OF PUNJAB AND ANR ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Naresh Kalia, Advocate for the petitioner(s).
Mr.Karunesh Kaushal, AAG, Punjab.
Mr. Lovepreet Singh, Advocate for respondent No. 2.
***
SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of
FIR No.19, dated 12.11.2016, under Section 509 of the IPC, 1860 and
67-A of Information Technology Act registered at Police Station NRI,
District Ludhiana, with all subsequent proceedings arising therefrom, on
the basis of compromise dated 17.07.2023 (Annexure P-1).
During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of
FIR.
Learned counsel for the respondent No.2 submits that he
has no objection if the FIR is ordered to be quashed.
Vide order dated 22.01.2024, parties were directed to
appear before the Illaqa Magistrate/Trial Court and report with regard to
the genuineness of the compromise was called for.
1 of 3
Neutral Citation No:=2024:PHHC:036338
CRM-M-3341-2024 2024:PHHC:036338 -2-
The report dated 08.02.2024 has been received from
Judicial Magistrate 1st Class, Ludhiana, 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
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
2 of 3
Neutral Citation No:=2024:PHHC:036338
CRM-M-3341-2024 2024:PHHC:036338 -3-
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 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.19, dated 12.11.2016, under
Section 509 of the IPC, 1860 and 67-A of Information Technology Act
registered at Police Station NRI, District Ludhiana, with all subsequent
proceedings arising therefrom, on the basis of compromise dated
17.07.2023 (Annexure P-1), is quashed qua the petitioner.
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
JUDGE
13.03.2024
anuradha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:036338
3 of 3
