Punjab-Haryana High Court
Baldev Singh And Ors vs State Of Haryana And Anr on 14 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:148935
CRM-M-51151-2024 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
278
CRM-M-51151-2024 (O&M)
Date of decision: 14.11.2024
BALDEV SINGH AND ORS. ....Petitioner(s)
Versus
STATE OF HARYANA AND ANR ...Respondent(s)
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present : Mr. Maneet Kaushik, Advocate for
Mr. Ashit Malik, Advocate
for the petitioner(s).
Mr. Anmol Malik, DAG, Haryana.
Mr. Gautam Kumar, Advocate for respondent No.2.
KIRTI SINGH. J.(Oral)
1. The present petition has been filed under Section 528 of BNSS for
quashing of FIR No.330 dated 29.06.2020, under Sections 379, 447, 506 and 511
of IPC (Sections 323/34 of IPC added later on) registered at Police Station
Shahabad, District Kurukshetra and all other consequential proceedings arising
therefrom on the basis of the compromise dated 05.05.2024 (Annexure P-2).
2. Reply dated 11.11.2024 has been filed on behalf of respondent-State
in Court today. The same is taken on record. Copy thereof has been supplied to
learned counsel for the petitioner.
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3. Heard learned counsel for the parties and also gone through the case
file.
4. This Court while issuing notice of motion vide order dated
18.10.2024, directed the parties to appear before the trial Court/Illaqa Magistrate
for recording their statements with regard to the compromise.
5. Pursuant to the aforesaid order, report dated 12.11.2024 has been
received from the Judicial Magistrate 1st Class, Shabahad. A perusal of 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.
6. 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.
7. 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
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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 (ii) to prevent abuse of the
process of any Court.
xxx xxx xxx. "
8. 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.
9. Resultantly, the present petition is allowed and FIR No.330 dated
29.06.2020, under Sections 379, 447, 506 and 511 of IPC (Sections 323/34 of IPC
added later on) registered at Police Station Shahabad, District Kurukshetra and all
other consequential proceedings are quashed qua the petitioner(s) on the basis of
the compromise dated 05.05.2024 (Annexure P-2), subject to payment of costs of
Rs.10,000/- to be deposited in the Poor Patient Welfare Fund, PGIMER,
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Chandigarh within a period of one month.
10. Pending miscellaneous application(s), if any, also stands disposed of.
(KIRTI SINGH)
14.11.2024 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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