Punjab-Haryana High Court
Dharam Pal And Others vs State Of Haryana And Others on 2 May, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:061293
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289
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-15462-2024
DECIDED ON: 02.05.2024
DHARAM PAL AND OTHERS
.....PETITIONERS
VERSUS
STATE OF HARYANA AND OTHERS
.....RESPONDENTS
CORAM:HON'BLE MR. JUSTICE SANDEEP MOUDGIL.
Present: Mr. Sandeep Gahlawat, Advocate
the petitioners.
Mr. Chetan Sharma, DAG, Haryana.
Mr. R.K. Kashyap, Advocate for
Ms. Amandeep Kaur, Advocate the respondents No.2 & 3.
SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of FIR
No.22, dated 23.02.2024, under Sections 323, 452, 506 and 34 of the Indian
Penal Code, 1860 registered at Police Station Loharu, District Bhiwani
(Annexure P-1), with all the consequential proceedings arising therefrom, on
the basis of compromise dated 21.03.2024 (Annexure P-2).
During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of FIR.
Vide order dated 01.04.2024, 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 08.04.2024 has been received from Sub
Divisional Judicial Magistrate, Loharu, stating that the parties have entered
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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 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."
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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.22, dated 23.02.2024, under Sections
323, 452, 506 and 34 of the Indian Penal Code, 1860 registered at Police
Station Loharu, District Bhiwani (Annexure P-1), with all the consequential
proceedings arising therefrom, is quashed qua the petitioners, on the basis of
compromise dated 21.03.2024 (Annexure P-2).
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
02.05.2024 JUDGE
monika
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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