Punjab-Haryana High Court
Vikas And Others vs State Of Haryana And Another on 4 September, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:115742
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No. 261 CRM-M-47730-2023
Date of Decision:04.09.2024
Vikas Kumar and others ...Petitioners
Versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr.Aditya Sanghi, Advocate
for the petitioners.
Mr. Brijesh Sharma, AAG, Haryana
Mr. Lokesh Sharma, 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.438, dated 30.12.2021, registered under Sections
386/506/34 IPC and Section 25 of the Arms Act, 1959 at Police Station
Nangal Chaudhri, District Mahendergarh, Haryana (Annexure P-1) and all
other consequential proceedings arising therefrom on the basis of the
compromise(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
09.01.2024, directed the parties to appear before the Illaqa Magistrate/trial
Court for recording their statements with regard to the compromise.
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4. Pursuant to the aforesaid order, report dated 13.03.2024 has
been received from the Judicial Magistrate 1st Class, Narnaul. 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 besummarised 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.
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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. 438,
dated 30.12.2021, registered under Sections 386/506/34 IPC and Section 25
of the Arms Act, 1959 at Police Station Nangal Chaudhri, District
Mahendergarh, Haryana (Annexure P-1) and all other consequential
proceedings are quashed qua the petitioners on the basis of the compromise
(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 )
JUDGE
04.09.2024
dinesh
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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