Punjab-Haryana High Court
Mohammad Yusuf Shamshad vs State Of Haryana And Anr on 2 September, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:113948
CRM-M-28757-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
272 CRM-M-28757-2024 (O&M)
Date of decision :02.09.2024
Mohammad Yusuf Shamshad
..... Petitioner
VERSUS
State of Haryana and another ..... Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Ishan Cooner, Advocate, for the petitioner.
Mr. Brijesh Sharma, AAG., Haryana.
Mr. Sachit Khurana, Advocate, for respondents No.2 .
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed under Section 482 Cr.P.C. for
quashing of FIR No. 209 dated 01.12.2021, under Sections 406 and 420 IPC
(Sections 467, 468 and 471 IPC added later on) registered at Police Station, Sector
9, Ambala City, District Ambala and all other consequential proceedings arising
therefrom on the basis of the compromise dated 22.05.2024 (Annexure 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
31.05.2024, 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 06.08.2024 has been
received from the Judicial Magistrate 1st Class, Ambala. A perusal of the said
report reveals that statements of the concerned persons have been recorded in the
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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 com-
promise 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 com-
pounding 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.
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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 com-
plainant, 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. 209 dated
01.12.2021, under Sections 406 and 420 IPC (Sections 467, 468 and 471 IPC ad-
ded later on) registered at Police Station, Sector 9, Ambala City, District Ambala
and all other consequential proceedings are quashed qua the petitioner(s) on the
basis of the compromise dated (Annexure P-3), 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
02.09.2024
archana
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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