Vishal Kumar And Anr vs State Of Haryana And Anr
2024 Latest Caselaw 16517 P&H

Citation : 2024 Latest Caselaw 16517 P&H
Judgement Date : 9 September, 2024

Punjab-Haryana High Court

Vishal Kumar And Anr vs State Of Haryana And Anr on 9 September, 2024

Author: Kirti Singh

Bench: Kirti Singh

           CRM-M-38157-2024                                                            1

           262
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                   CRM-M-38157-2024
                                                                   Date of Decision : 09.09.2024

           VISHAL KUMAR AND ANR
                                                                         .....Petitioners

                                                       Versus
           STATE OF HARYANA AND ANR

                                                                         .....Respondents

           CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

           Present:            Mr. Rishab Garg, Advocate
                               for the petitioners.

                               Mr. Brijesh Sharma, AAG, Haryana.

                    Mr. Abhishek Chaudhary, Advocate for
                    Mr. Varshit Garg, Advocate
                    for respondent No. 2.
                                            ****
           KIRTI SINGH, J.(Oral)

The present petition has been filed under Section 528 of BNSS for

quashing of FIR No.217, dated 28.06.2024, registered under Sections 34 & 379-A

IPC at Police Station Sector 9A, District Gurugram and all other consequential

proceedings arising therefrom on the basis of the compromise dated 08.07.2024

(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

07.08.2024, 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 14.08.2024 has been

received from the Civil Judge (JD)/JMIC, Gurugram. 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 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 KAVITA NAIN 2024.09.11 10:14 I attest to the accuracy and the process of any Court.

integrity of this document
order/judgment


                               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.217, dated

28.06.2024, registered under Sections 34 & 379-A IPC at Police Station Sector 9A,

District Gurugram and all other consequential proceedings are quashed qua the

petitioners on the basis of the compromise dated 08.07.2024 (Annexure P-2),

subject to payment of Rs.10,000/- to be deposited in Poor Patient Fund,

PGIMER, Chandigarh within a period of one month.