Punjab-Haryana High Court
Archana And Others vs State Of U.T Chandigarh And Another on 22 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
CRM-M-47745-2024 1
295
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-47745-2024
Date of Decision: 22.10.2024
ARCHANA AND OTHERS
.....Petitioners
Versus
STATE OF U.T CHANDIGARH AND ANOTHER
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Ms. Navnika Tuteja, Advocate for
Mr. Abhimanyu Garg, Advocate and
Mr. S.K.Jain, Advocate
for the petitioners.
Mr. Abhinav Gupta, Addl. PP UT, Chandigarh.
Mr. Ajay Partap Singh, 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.100 dated 06.09.2024
under Sections 420, 120-B of IPC registered at Police Station North, District
Chandigarh along with all consequential proceedings arising therefrom, on the
basis of compromise dated 10.09.2024 (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 09.10.2024 has been
KAVITA NAIN received from the Chief Judicial Magistrate, Chandigarh. 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.
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 petitioners 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.100 dated
06.09.2024 under Sections 420, 120-B of IPC registered at Police Station North,
District Chandigarh and all other consequential proceedings are quashed qua the
petitioners on the basis of the compromise dated 10.09.2024 (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
