Punjab-Haryana High Court
Ashish Dev vs State Of Haryana And Another on 3 September, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:114772
CRM-M-32667
2667-2024 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(273) CRM-M-32667-2024
Date of Decision : 03.09.2024
Ashish Dev ...Petitioner
Versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Shreenath A. Khemika, Advocate
for the petitioner.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Abhijeet Singh Rawaley,, Advocate
for respondent No.2.
****
KIRTI SINGH, J.(Oral)
1. The present petition has been filed under Section 482 Cr.P.C. for
quashing of FIR No.32
No. dated 12.12.2023,, under Sections 406 and 420 of IPC,
1860 registered at Police Station Cyber, District Jind (Annexure P
P-1) along
with all other consequential proceedings arising therefrom on the basis of the
compromise dated 22.03.2024 (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
11.07.2024,, directed the parties to appear before the Illaqa Magistrate/trial
trial
Court for recording their statements with regard to the compromise.
4. Pursuant to the aforesaid order, report dated 18.07.2024 has been
received from the Chief Judicial Magistrate, Jind duly forwarded by the
District and Sessions Judge, Jind.
Jind A perusal of the said report reveals that
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Neutral Citation No:=2024:PHHC:114772
CRM-M-32667
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
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
1052,, held that High Court has
power under Section 482 Cr.P.C.
Cr.P.C. to allow the compounding of
non-compoundable
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
justice.. This power of quashing is not
confined to matrimonial disputes alone.
6. Hon'ble the Supreme Court in the case of 'Gian
Gian Singh vs. State
of Punjab and another'
another 2012 (4) RCR (Criminal) 543
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:-
thus:
"57. The position that emerges from th
thee 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
ences 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 pr
process
ocess of any
Court.
xxx xxx xxx. "
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CRM-M-32667
7. In view of the afore-referred
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
proceedings in the present case deserve to be quashed.
8. Resultantly, the present petition is allowed and FIR No.32 dated
12.12.2023,, under Sections 406 and 420 of IPC, 1860 registered at Police
Station Cyber, District Jind (Annexure P-1)
P 1) along with all other consequential
proceedings arising therefrom are quashed qua the petitioner on the basis of
the compromise dated 22.03.2024 (Annexure P
P-2) subject to payment of
Rs.10,000/- to be deposited in the Poor Patient Welfare Fund, PGIMER
Chandigarh within one month.
9. Pending miscellaneous application(s), if any, also stands disposed
of.
(KIRTI SINGH)
JUDGE
September 03,
03 2024
Manpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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