Punjab-Haryana High Court
Renu Rani And Ors vs State Of Haryana And Ors on 11 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:146609
CRM-M-47159-2024 1
320 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-47159-2024
Date of Decision: 11.11.2024
RENU RANI AND ORS ...Petitioners
Vs.
STATE OF HARYANA AND ORS ...Respondent
CORAM:- HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Ajay Aggarwal, Advocate
for the petitioners.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Kapil Gupta, Advocate for
Ms. Kompal Arora, Advocate
for respondent nos. 2 to 4.
KIRTI SINGH, J. (Oral)
The present petition has been filed under Section 528 Bharatiya
Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 139 dated
31.03.2024, under Sections 148, 149, 323, 452, 506 and 509 IPC registered
at Police Station Pinjore, District Panchkula (Annexure P-1) along with all
other consequential proceedings arising therefrom on the basis of the
compromise dated 11.08.2024 (Annexure P2).
2. Heard learned counsel for the parties and also gone through the
case file.
3. This Court while issuing notice of motion vide order dated
23.09.2024, directed the parties to appear before the trial Court/Illaqa
Magistrate for recording their statements with regard to the compromise.
4. Pursuant to the aforesaid order, report dated 29.10.2024 has been
received from the Sub Divisional Judicial Magistrate, Kalka. A perusal of
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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.
5. 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.
6. 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 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
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(ii) to prevent abuse of the process of any Court.
xxx xxx xxx. "
7. In view of the afore-referred judgments, perusing the report of the
trial Court regarding amicable settlement between the petitioner(s) 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.
8. Resultantly, the present petition is allowed and FIR No. 139 dated
31.03.2024, under Sections 148, 149, 323, 452, 506 and 509 IPC registered
at Police Station Pinjore, District Panchkula (Annexure P-1) along with all
other consequential proceedings arising therefrom on the basis of the
compromise dated 11.08.2024 (Annexure P2) are quashed qua the
petitioner(s) subject to payment of Rs.10,000/- to be deposited in the Poor
Patient Welfare Fund, PGIMER, Chandigarh within a period of two weeks.
9. Pending miscellaneous application(s), if any, also stands
disposed of.
(KIRTI SINGH)
JUDGE
11.11.2024
kv
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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