Gurpreet Kaur vs State Of Punjab And Another
2024 Latest Caselaw 9827 P&H

Punjab-Haryana High Court

Gurpreet Kaur vs State Of Punjab And Another on 7 May, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

                                 Neutral Citation No:=2024:PHHC:063506




CRM-M-14215 of 2024                        -1-           2024:PHHC:063506

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
284
                                                  CRM-M-14215 of 2024
                                                  Date of Decision: 07.05.2024


Gurpreet Kaur                                                 ..... Petitioner

                                         Versus

State of Punjab and another                                   ..... Respondents


CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL


Present:     Mr. M.S. Saini, Advocate
             for the petitioner.

             Mr. Jaspal Singh Guru, AAG, Punjab.

             Mr. P.P. Rana, Advocate, for
             Mr. Mohan S. Chauhan, Advocate
             for respondent No.2.

                                         *****

SANDEEP MOUDGIL, J (ORAL)

This is a petition under Section 482 Cr.P.C. for quashing of FIR

No.145, dated 11.12.2022 (Annexure P-1), under Section 420 of the IPC,

1860, registered at Police Station City Nakodar, District Jalandhar, on the

basis of compromise (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 02.04.2024, 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 04.05.2024 has been received from Sub

Divisional Judicial Magistrate, Nakodar, stating that the parties have

entered into a compromise, which is genuine, voluntary and without any

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coercion or undue influence.

Learned counsel for respondent No.2 submits that he has no

objection to the quashing of present FIR.

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.145, dated 11.12.2022 (Annexure

P-1), under Section 420 of the IPC, 1860, registered at Police Station City

Nakodar, District Jalandhar, with all the consequential proceedings arising

therefrom, is quashed qua the petitioner, on the basis of compromise.

The present petition is hereby allowed.

                                                (SANDEEP MOUDGIL)
07.05.2024                                           JUDGE
D.Bansal

             Whether speaking/reasoned :       Yes/No
             Whether reportable        :       Yes/No




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