Punjab-Haryana High Court
Ahasan And Others vs State Of Haryana And Another on 25 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:155340
CRM-M-52309-2024 (O&M ) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.299 CRM-M-52309-2024 (O&M)
Date of decision:25.11.2024
Ahasan and others ..... Petitioners
VERSUS
State of Haryana and another ..... Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Sanjiv Gupta, Advocate for the petitioners.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Aayush Bansal, Advocate for
Mr. Tushar Wadhwa, Advocate for respondent No.2.
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 528 Bhartiya
Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 0424 dated
19.06.2019, under Sections 148/149/323/324/341/427/506 of IPC registered
at Police Station, Gharaunda, District Karnal and all other consequential
proceedings arising therefrom on the basis of the compromise dated
05.07.2024 (Annexures P-2 and P-3).
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
21.10.2024, 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 22.11.2024 has
been received from the Judicial Magistrate First Class, Karnal. A perusal of
the said report reveals that statements of the concerned persons have been
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Neutral Citation No:=2024:PHHC:155340
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 proceed-
ings 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 in-
herent 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 limi-
tation but it has to be exercised in accord with the guideline en-
grafted in such power viz; (i) to secure the ends of justice or (ii) to
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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 jus-
tice, the criminal proceedings in the present case deserve to be quashed.
8. Resultantly, the present petition is allowed and FIR No. 0424
dated 19.06.2019, under Sections 148/149/323/324/341/427/506 of IPC reg-
istered at Police Station, Gharaunda, District Karnal and all other conse-
quential proceedings are quashed qua the petitioner(s) on the basis of the
compromise dated 05.07.2024 (Annexures P-2 and P-3), subject to pay-
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)
JUDGE
25.11.2024
Anu
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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