Punjab-Haryana High Court
Pritam @ Tiger And Others vs State Of Haryana And Others on 12 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:147811
1
CRM-M-12359--2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-12359
12359-2024
Date of decision: November 12, 2024
PRITAM @ TIGER AND OTHERS
....Petitioners
VERSUS
STATE OF HARYANA AND OTHERS
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:- Mr. Himanshu Garg, Advocate,
Mr. Aditya Sanghi, Advocate for the petitioners.
Mr. Gaurav Bansal, DAG, Haryana.
Mr. Saurabh Sharma, Advocate for
respondent
espondent no. 2.
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 482 Cr.P.C for
quashing of FIR No. 291 dated 07.11.2019 under Sections 379
379-A,
A, 427, 506 IPC
registered at Police Station Sadar Narnaul, Distt. Mahendergarh and all other
consequential proceedings arising
arisin therefrom on the basis of the compromise
dated 23.02.2024
2.2024 (Annexure P-5)
P .
2. Heard learned counsel for the parties and also gone through the case
file.
3. This Court vide order dated 26.09
26.09.2024,, directed the parties to
appear before the trial Court/Illaqa
Court/I Magistrate for recording their statements with
regard to the compromise.
4. Pursuant to the aforesaid order, report dated 08.11.2024 has been
received from the Additional Chief Judicial Magistrate, Narnaul.. A perusal of
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CRM-M-12359--2024
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, wi
without
thout 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
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
Hon'ble
Punjab and another, 2012 (4) RCR (Criminal) 543
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:-
thus:
"57. The position that emerges from the above discussion can
be summarised thus: the power of the High Court in qquashing
uashing
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
th no statutory limitation but it has to be exercised in
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CRM-M-12359--2024
accordance with the guideline engrafted in such power viz;
(i) to secure the ends of justice or (ii) to prevent abuse of the
process of any Court.
7. In view of the afore-referred
afore referred judgments, perusi
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 tthe
he
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
petition is allowed and FIR No. 291 dated
07.11.2019 under Sections 379-A,
379 A, 427, 506 IPC registered at Police Station
Sadar Narnaul, Distt. Mahendergarh are quashed qua the petitioner(s) on the
basis of the compromise dated 23.02.2024
2.2024 (Annexure P
P-5), subject to payment
ment
of Rs.10,000/- to be deposited in the Poor Patient Welfare Fund, PGIMER,
Chandigarh within a period of one month.
9. Pending miscellaneous application(s), if any, also stands disposed
of.
( KIRTI SINGH)
November 12, 2024 JUDGE
ritu
Whether speaking/reasoned Yes/No
Whether reportable: Yes/No
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