Vikas Kumar And Another v. State Of Haryana And Others
2023:PHHC:164076
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 20.12.2023 VIKAS KUMAR AND ANR
...Petitioners
Versus
STATE OF HARYANA AND ORS
...Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Satyawan Singh Nain, Advocate for the petitioners.
Mr. Arjun Lakhanpal, Addl., A.G., Haryana.
Mr. Pardeep Panwar, Advocate for respondent No.4.
***** MANISHA BATRA, J. (Oral) CRM-53046-2023 The present application has been filed by the petitioners seeking preponment of hearing of the case.
In view of the submissions made by learned counsel for the petitioners as well as prayer made in the application, the same is allowed and the hearing of the main case i.e. CRM-M-1639-2023 is preponed and taken on Board today itself.
CRM-M-1639-2023 1.
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.340 dated 12.08.2017 under 323, 406, 498-A and 506 of IPC registered at Police Station Safidon, District Jind (Annexure P-1) and all the subsequent proceedings arising therefrom, on the basis of compromise deed dated 22.12.2022 (Annexure P-2). 2.
The aforementioned FIR had been lodged by respondent
No.4/complainant and investigation was commenced thereon. 3.
It is submitted by counsel for the petitioners that a compromise have been arrived at between the parties and they have resolved their inter se dispute, which was reduced into writing as compromise dated 22.12.2022 annexed with the present petition as Annexure P-2. 4.
On the basis of said compromise, the petitioners have prayed for quashing of the aforesaid FIR and all the subsequent proceedings on the ground that continuation of such proceedings would be a futile exercise. 5.
This Court vide order dated 12.01.2023 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements with regard to the genuineness of the compromise stated to have been arrived at between them. The Illaqa Magistrate/trial Court was also directed to send his/her report along with the said statements. 6.
Pursuant to the aforesaid order, the Judicial Magistrate Ist Class, Safidon has sent report vide endorsement No. 112 dated 20.02.2023 to this Court along with photocopies of the statements of respondent No.4/complainant Manisha Rani, and joint statement of the petitioners/accused recorded on 13.02.2023 and the Investigation Officer SIRajesh Devi recorded on 16.02.2023. 7.
On the basis of these statements, it is submitted by learned Magistrate that the compromise effected between the parties is genuine, out of free Will and without any pressure or coercion. It is also mentioned in the report that apart from the petitioner, there are two more accused named in the FIR but they were discharged during inquiry and challan against them were not presented. No accused has been declared proclaim person in the
present case.
8.
I have heard learned counsel for the parties and besides perusing the report by learned Judicial Magistrate, have also perused the record.
9.
It is well settled that the High Court has power to allow compounding of a non-compoundable offence and quash the prosecution under Section 482 of Cr.P.C. where it feels that the same is required to prevent the abuse of process of law or otherwise to secure the ends of justice. Such power is not confined to matrimonial disputes alone. In this regard, reference can be made to a Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab, 2007 (3) RCR (Criminal) 1052. It is equally settled position of law that the power of High Court in quashing criminal proceedings or FIR or complaint in exercise of its inherent jurisdiction is of wide plenitude with no statutory limitation. Such power can certainly be exercised in cases relating to offences arising out of matrimony relating to dowry etc.
or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The High Court is required to consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law and whether to secure the ends of justice, it is appropriate to put an end to the criminal case and if the answer to such question is in affirmative, then the High Court is well within its jurisdiction to quash the criminal proceedings. Reference in this context can be made to Hon'ble Apex Court judgments cited as Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Narinder Singh and others vs.
Punjab and another, 2014 (6) SCC 466.
10.
In view of the proposition as settled in the aforementioned cases, this Court finds that continuation of proceedings would be an abuse process of the Court in the facts and circumstances of the present case which squarely falls within the ambit and parameters settled by judicial precedents and that allowing and accepting the prayer of the petitioner by quashing of the FIR would be securing the ends of justice, which is primarily the object of legislature enacted under Section 482 of Cr.P.C. Accordingly, the petition is allowed and the FIR No.340 dated 12.08.2017 registered under Sections 323, 406, 498-A and 506 of IPC registered at Police Station Safidon, District Jind (Annexure P-1) and all the subsequent proceedings arising therefrom, are ordered to be quashed qua the petitioners on the basis of compromise dated 22.12.2022 (Annexure P-2).
11.
Needless to say that the parties shall remain bound by the terms and conditions of the compromise and statements as recorded before learned Judicial Magistrate.
(MANISHA BATRA) December 20, 2023 JUDGE himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No