Punjab-Haryana High Court
Rajbir Singh vs State Of Haryana And Another on 22 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
CRM-M-47500-2024 1
285
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-47500-2024
Date of Decision: 22.10.2024
RAJBIR
.....Petitioner
Versus
STATE OF HARYANA AND ANOTHER
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Omkar Chauhan, Advocate
for the petitioner.
Mr. Gaurav Bansal, DAG, Haryana..
Mr. Bakul Garg, Advocate for respondent No.2.
*****
KIRTI SINGH, J.(Oral)
1. This petition has been filed under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking quashing of FIR No.341 dated 20.07.2024
under Sections 115, 118(1), 126 and 351(2) of BNS registered at Police Station
Kurukshetra University, District Kurukshetra along with all consequential
proceedings arising therefrom, on the basis of compromise dated 12.08.2024
(Annexure P-2) arrived at between the parties.
2. Heard learned counsel for the parties and also gone through the case
file.
3. This Court vide order dated 23.09.2024, directed the parties to
appear before the trial Court/Duty Magistrate for recording their statements with
regard to the compromise.
4. Pursuant to the aforesaid order, report dated 16.10.2024 has been
received from the Judicial Magistrate Ist Class, Kurukshetra. A perusal of the
KAVITA NAIN 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 (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 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.341 dated
20.07.2024 under Sections 115, 118(1), 126 and 351(2) of BNS registered at
Police Station Kurukshetra University, District Kurukshetra and all other
consequential proceedings are quashed qua the petitioner on the basis of the
compromise dated 12.08.2024 (Annexure P-2), subject to payment of
Rs.10,000/- to be deposited in Poor Patient Welfare Fund, PGIMER,
Chandigarh.
(KIRTI SINGH)
22.10.2024 JUDGE
Kavita
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
