Sudha Verma And Others vs State Of Punjab And Others
2025 Latest Caselaw 2227 P&H

Punjab-Haryana High Court

Sudha Verma And Others vs State Of Punjab And Others on 15 February, 2025

                     262
                                IN THE HIGH COURT OF PUNJAB AND HARYANA
                                             AT CHANDIGARH

                                                                  CRM-M-11113-2024
                                                                  Date of Decision: 15.02.2025

                     SUDHA VERMA AND OTHERS
                                                                               ....Petitioner(s)

                     VERSUS


                     STATE OF PUNJAB AND OTHERS
                                                                              ....Respondent(s)

                     CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

                     Present:     None for the petitioners.

                                  Mr. Rishabh Singh, AAG, Punjab.

                                  Mr. Sandeep Verma, Advocate
                                  for respondent No.2.

                                  ****

                     SANJAY VASHISTH, J. (Oral)

1. Instant petition has been filed under Section 482 Cr.P.C, seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising therefrom, on the basis of the amicable settlement effected between the parties. DETAILS OF CRIMINAL CASE:-

FIR No. Date Section(s) Police District Station 242 27.10.2023 323, 342, 327, 344, City Rupnagar 355 IPC and 24 of Rupnagar Maintenance and Welfare of Parents and Senior Citizens Act, 2007

2. Vide order dated 18.09.2024, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for

getting their respective statements recorded with regard to the

compromise. The Trial Court/Illaqa Magistrate was to submit a report in this regard giving certain details as enumerated in the said order.

3. Pursuant to the aforementioned order, the parties appeared before the Court of learned Addl. Civil Judge (Senior Division)-cum Judicial Magistrate 1st Class, Rupnagar, and as per report dated 05.11.2024, submitted to this Court, both the parties have got recorded their respective statements in Court. From the report received from the learned Court below, the following is discernible:-

Sr. Description No.

found involved as accused in the dispute/FIR

complainant/victim(s)

3. Whether all the accused and yes complainant / victims are party to compromise & signed the same

4. In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereof; OR His/her statement is still to be recorded, in compliance to the direction of this Court, details of such person

5. Whether any accused has no been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or pending adjudication

6. Report of the Court yes whether compromise is genuine, voluntary, and without any coercion or undue influence

7. Any other aspect relevant to

2025.02.17 18:29 the present case.

4. Learned State counsel as also learned counsel for private respondent(s), after going through the statements and the report received from learned Court below, very fairly admit that the private parties have resolved their dispute and effected a compromise and that they have no objection if the FIR (supra) and all the consequential proceedings are quashed on the basis of the compromise.

5. Through catena of judgments, Hon'ble the Apex Court and High Courts (including Punjab and Haryana High Court), have culled out various principles of law concerning quashing of proceedings emanating after lodging of FIR, and some of them are as under:-

 Power under Section 482 Cr.P.C./Section 582 BNSS can be exercised to enhance social amity, and to reduce friction.

 Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 Cr.P.C./Section 582 BNSS in the event of a compromise, but this is not to say that the power is limited to such cases.

 There can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482 Cr.P.C./Section 582 BNSS "to prevent abuse of the process of any Court" or "to secure the ends of justice".

 No embargo, be in the shape of Section 320(9) Cr.P.C./Section 359 BNSS, or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C./Section 582 of the BNSS.

 The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour.

 High Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 Cr.P.C./Section 359 BNSS, in order to prevent the abuse of law and to secure the ends of justice.

 Power under Section 482 Cr.P.C./Section 582 BNSS is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court.

 Such power has no limits. However, the High Court will exercise it

sparingly and with utmost care and caution.