Punjab-Haryana High Court
Gurpreet Singh Jandu vs State Of Punjab And Anr on 21 March, 2025
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2025:PHHC:039193
248-2
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-9705-2025
DECIDED ON: 21.03.2025
GURPREET SINGH JANDU
.....PETITIONERS
VERSUS
STATE OF PUNJAB AND ANR
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Arnav Kumar Sood, Advocate
for the petitioner.
Mr. Rajiv Verma, DAG Punjab
Mr. Abhinav Jain, Advocate for
respondent No.2 (through Hybrid Mode).
SANDEEP MOUDGIL, J (ORAL)
This is a petition under Section 528 of BNSS for quashing the
G.D No.28 dated 24.02.2024 registered u/s 427, 323, 506, 34 IPC Annexure P-
5 (Section 325 IPC added later on vide Rapat No.21 dated 10.03.2024
Annexure P-6) in FIR no.0015 dated 24.02.2024 registered under Sections
323, 324, 452, 506, 148, 149 IPC registered at P. S. Mehna, District Moga
(Annexure P-1) and Subsequent proceedings arising thereof, on the basis of
compromise (Annexure P-2).
Vide order dated 21.02.2025, parties were directed to appear
before the Illaqa Magistrate/Trial Court and report with regard to the
genuineness of the compromise was called for.
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Neutral Citation No:=2025:PHHC:039193
The report dated 06.03.2025 has been received from Judicial
Magistrate 1st Class, Moga, stating that the parties have entered into a
compromise, which is 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
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Neutral Citation No:=2025:PHHC:039193
compromise is abhorrent to lawful composition of the
society or would 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 (now Section
528 of BNSS) 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, G.D No.28 dated 24.02.2024 registered u/s 427,
323, 506, 34 IPC Annexure P-5 (Section 325 IPC added later on vide Rapat
No.21 dated 10.03.2024 Annexure P-6) in FIR no.0015 dated 24.02.2024
registered under Sections 323, 324, 452, 506, 148, 149 IPC registered at P. S.
Mehna, District Moga (Annexure P-1), is quashed qua the petitioner, on the
basis of compromise (Annexure P-2)
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
21.03.2025 JUDGE
Meenu
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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