Punjab-Haryana High Court
Himanshu Arora And Others vs State Of Punjab And Another on 5 September, 2024
Author: Kirti Singh
Bench: Kirti Singh
CRM-M-15935-2024 1
272
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-15935-2024
Date of Decision: 05.09.2024
HIMANSHU ARORA AND OTHERS
.....Petitioners
Versus
STATE OF PUNJAB AND ANOTHER
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Ms. Bhupinder Kaur, Advocate for the petitioners.
Mr. Ravinder Singh, AAG Punjab.
Mr. Barjinder Singh, Advocate for
Ms. Gagandeep Kaur, Advocate for respondent No.2.
****
KIRTI SINGH, J.(Oral)
This petition has been filed under Section 482 Cr.P.C. is for
quashing of FIR No.0297 dated 21.11.2021, under Sections 452, 323, 427, 506,
34 IPC registered at Police Station Sultanpur Lodhi, District Kapurthala along
with all the subsequent proceedings arising therefrom, on the basis of
compromise (Annexure P-2).
2. Heard learned counsel for the parties and also gone through the case
file.
3. This Court vide order dated 02.07.2024, directed the parties to
appear before the Area Magistrate/trial Court for recording their statements with
regard to the compromise.
4. Pursuant to the aforesaid order, report dated 03.09.2024 has been
received from the Sub Divisional Judicial Magistrate, Sultanpur Lodhi. A perusal
KAVITA NAIN 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 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 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.0297 dated
21.11.2021, under Sections 452, 323, 427, 506, 34 IPC registered at Police
Station Sultanpur Lodhi, District Kapurthala and all other consequential
proceedings are quashed qua the petitioners on the basis of the compromise
(Annexure P-2).
(KIRTI SINGH)
05.09.2024 JUDGE
Kavita Nain
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
