Punjab-Haryana High Court
Yogesh And Another vs State Of Haryana And Others on 28 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:141720
CRM-M-45985-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.290 CRM-M-45985-2024 (O&M)
Date of decision : 28.10.2024
Yogesh and another ..... Petitioners
VERSUS
State of Haryana and others ..... Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. J.S. Mehndiratta, Advocate, for the petitioners.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. R.A Singh, Advocate for
Mr. Mohd. Sultan, Advocate, for respondents No.2 to 4.
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 528 of BNSS,
2023 for quashing of FIR No.388 dated 29.06.2021, under Sections 379 IPC
registered at Police Station Sadar Bhiwani, District Bhiwani and all other
consequential proceedings arising therefrom (including report under Section
173 Cr.P.C. which was presented on 18.01.2024 under Sections 120-B, 180,
34, 379, 411, 420 & 483 Cr.P.C.) on the basis of the compromise dated
05.08.2024 (Annexure P2).
2. Heard learned counsel for the parties and also gone through the
case file.
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3. This Court while issuing notice of motion vide order dated
18.09.2024, 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 received from the Addl. Chief Judicial Magistrate, Bhiwani. 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:-
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"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(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.
8. Resultantly, the present petition is allowed and FIR No.388
dated 29.06.2021, under Sections 379 IPC registered at Police Station Sadar
Bhiwani, District Bhiwani and all other consequential proceedings
(including report under Section 173 Cr.P.C. which was presented on
18.01.2024 under Sections 120-B, 180, 34, 379, 411, 420 & 483 Cr.P.C.) are
quashed qua the petitioners on the basis of the compromise dated 05.08.2024
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Neutral Citation No:=2024:PHHC:141720
(Annexure P2), subject to payment 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
28.10.2024
Ramandeep Singh
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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