Punjab-Haryana High Court
Sarvar And Ors vs State Of Haryana And Ors on 25 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:140519
CRM-M-47078-2024 1
236
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-47078-2024
Date of Decision : 25.10.2024
Sarwar and others
.....Petitioners
Versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Babbar Bhan, Advocate
for the petitioners
Mr. Brinesh Sharma, AAG Haryana
Mr. Shivam, Advocate
for respondents No. 2 and 3
KIRTI SINGH, J.(Oral)
1. The present petition has been filed under Section 528 of BNSS, 2023
for quashing of FIR No.0086, dated 11.05.2024, registered under Sections 323,
506, 308 and 34 IPC (Section 325 IPC added later on) registered at Police Station
Lakhan Majara, District Rohtak (Annexure P-1) and all other consequential
proceedings arising therefrom on the basis of the compromise dated 30.07.2024
(Annexure P-2).
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
20.09.2024, 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 16.10.2024 has been
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received from the Civil Judge (Jr. Divn.)-cum-Judicial Magistrate 1st Class,
Meham. 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
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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.0086, dated
11.05.2024, registered under Sections 323, 506, 308 and 34 IPC (Section 325 IPC
added later on) registered at Police Station Lakhan Majara, District Rohtak
(Annexure P-1) and all other consequential proceedings are quashed qua the
petitioners on the basis of the compromise dated 30.07.2024 (Annexure P-2),
subject to the costs of Rs. 10,000/- to be deposited in the Poor Patient Welfare
Fund, PGIMER, Chandigarh within one month.
(KIRTI SINGH)
25.10.2024 JUDGE
reena
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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