Punjab-Haryana High Court
Rajender And Ors vs State Of Haryana And Ors on 3 March, 2025
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2025:PHHC:029811
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298 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-6128-2025
Date of Decision:03.03.2025
Rajender and others ...Petitioners
Vs.
State of Haryana and others ...Respondents
CORAM:- HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Lalit Kumar Narang, Advocate for the petitioners.
Mr. Chetan Sharma, DAG, Haryana.
Mr. Himanshu Setia, Advocate for
Mr. Kushagar Goyal, Advocate
for respondent nos. 2 to 5.
SANDEEP MOUDGIL, J. (Oral)
This is a petition under Section under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0517, dated
16.11.2022 (Annexure P-1), under Sections 506, 353, 342, 34, 332, 186 IPC,
1860, registered at Police Station Sampla District Rohtak, with all
subsequent proceedings arising therefrom, on the basis of compromise
(Annexure P-2).
During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of FIR.
Vide order dated 03.02.2025, parties were directed to appear
before the Illaqa Magistrate/Trial Court and report with regard to the
genuineness of the compromise was called for.
The report dated 11.02.2025 has been received from Judicial
Magistrate Ist Class, Rothak, duly forwarded by District and Sessions Judge,
Rohtak, stating that the parties have entered into a compromise, which is
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Neutral Citation No:=2025:PHHC:029811
genuine, voluntary and without any coercion or undue influence.
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
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promote savagery."
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'.
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.
In view of above, FIR No.0517, dated 16.11.2022 (Annexure P-
1), under Sections 506, 353, 342, 34, 332, 186 IPC, 1860, registered at
Police Station Sampla District Rohtak, with all subsequent proceedings
arising therefrom, on the basis of compromise (Annexure P-2) is quashed
qua the petitioners.
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
JUDGE
03.03.2025
kv
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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