Punjab-Haryana High Court
Jitender Kumar And Another vs State Of Haryana And Another on 4 September, 2024
Neutral Citation No:=2024:PHHC:115715
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Neutral Citation No:=2024:PHHC:115715
CRM-M-39084-2024 -02-
5. The report dated 03.09.2024 has been received from Judicial
Magistrate Ist Class, Panipat, stating that the parties have entered into a
compromise, which is genuine, voluntary and without any coercion or undue
influence.
6. Full Bench of this Court in Kulwinder Singh and others vs.
State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
"The only inevitable conclusion from the above discussion
is that there is no statutory bar under the Cr.P.C. which
can affect the inherent power of this Court under Section
482. Further, the same cannot be limited to matrimonial
cases alone and the Court has the wide power to quash the
proceedings even in noncompoundable offences
notwithstanding the bar under Section 320 of the Cr.P.C.,
in order to prevent the abuse of law and to secure the ends
of justice.
The power under Section 482 of the Cr.P.C. is to be
exercised Ex-Debitia Justitia to prevent an abuse of
process of Court. There can neither be an exhaustive list
nor the defined para-meters to enable a High Court to
invoke or exercise its inherent powers. It will always
depend upon the facts and circumstances of each case.
The power under Section 482 of the Cr.P.C. has no limits.
However, the High Court will exercise it sparingly and
with utmost care and caution. The exercise of power has to
be with circumspection and restraint. The Court is a vital
and an extra-ordinary effective instrument to maintain and
control social order. The Courts play role of paramount
importance in achieving peace, harmony and ever- lasting
congeniality in society. Resolution of a dispute by way of a
compromise between two warring groups, therefore,
should attract the immediate and prompt attention of a
Court which should endeavour to give full effect to the
same unless such compromise is abhorrent to lawful
composition of the society or would promote savagery."
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Neutral Citation No:=2024:PHHC:115715
CRM-M-39084-2024 -03-
7. The legal principles as laid down for quashing of the judgment
were also approved by the Hon'ble Supreme Court in the matter of 'Gian
Singh Versus State of Punjab and another,(2012) 10 SCC 303'.
Furthermore, the broad principles for exercising the powers under Section
482 were summarized by the Hon'ble Supreme Court in the matter of
'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus
State of Gujarat and another" (2017) 9 SCC 641'.
8. It is evident that in view of the amicable resolution of the issues
amongst the parties, no useful purpose would be served by continuation of
the proceedings. The furtherance of the proceedings is likely to be a waste of
judicial time and there appears to be no chances of conviction.
9. In view of above, FIR No.45, dated 17.02.2021, under Sections
406/420/506/34
IPC and 24 of Immigration Act, 1983, registered at Police
Station Israna, District Panipat (Annexure P-1) with all the consequential
proceedings arising therefrom, is quashed qua the petitioners, on the basis of
compromise dated 03.11.2022, 25.07.2024 (Annexure P-2 to Annexure P-4).
10. The present petition is hereby allowed.
(SANDEEP MOUDGIL)
04.09.2024 JUDGE
Mani Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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