Punjab-Haryana High Court
Mani Sharma vs State Of Punjab And Others on 18 January, 2025
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2025:PHHC:007118
211
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-18360-2024
DECIDED ON: 18.01.2025
MANI SHARMA .....PETITIONER
VERSUS
STATE OF PUNJAB AND OTHERS .....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Subhash Kumar, Advocate
for the petitioner.
Mr. Rajiv Verma, DAG Punjab
Mr. Ravi Dangi, Advocate for respondents no.2 to 4.
SANDEEP MOUDGIL, J (ORAL)
1. This is a petition under Section 482 Cr.P.C., for quashing of FIR
No.198, dated 12.12.2018 (Annexure P-1), under Sections 406 and 420 of IPC,
1860 and Section 24 of Immigration Act, Section 12 of Passports Act and Section
13 of Punjab Prevention of Human smuggling Act, registered at Police Station
Division No.5, Police Commissionerate, Jalandhar, with all subsequent
proceedings arising therefrom, on the basis of compromise dated 02.09.2023
(Annexure P-4) as well as application dated 19.01.2024 (Annexure P-6) and
statement of private respondents dated 18.03.2024 (Annexure P-7).
2. During the pendency of the dispute, the parties have compromised the
matter and filed the present petition for quashing of FIR.
3. Vide order dated 05.12.2024, parties were directed to appear before
the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the
compromise was called for.
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4. The report dated 07.01.2025 has been received from Judicial
Magistrate 1st Class, Jalandhar, stating that the parties have entered into a
compromise, which is genuine, voluntary and without any coercion or undue
influence.
5. 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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6. 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'.
7. 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.
8. In view of above, FIR No.198, dated 12.12.2018 (Annexure P-1),
under Sections 406 and 420 of IPC, 1860 and Section 24 of Immigration Act,
Section 12 of Passports Act and Section 13 of Punjab Prevention of Human
smuggling Act, registered at Police Station Division No.5, Police
Commissionerate, Jalandhar, with all subsequent proceedings arising therefrom,
on the basis of compromise dated 02.09.2023 (Annexure P-4) as well as
application dated 19.01.2024 (Annexure P-6) and statement of private respondents
dated 18.03.2024 (Annexure P-7), is hereby quashed qua the petitioner.
9. The present petition is hereby allowed.
(SANDEEP MOUDGIL)
18.01.2025 JUDGE
Meenu
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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