Vinod Bindal v. State Of Haryana And Others
- 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-4688-2023 (O&M) Date of decision: 13.09.2023 Vinod Bindal ....Petitioner
Versus
State of Haryana and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :
Mr. Maan Akashdeep Singh, Advocate for the petitioner Mr. Dhruv Sihag, AAG Haryana Mr. A.S. Maan, Advocate for respondent No.2 ***** AMAN CHAUDHARY. J.
!
"
#$ !
"%&%& ! $ ! %#'
(
&(!
#
( )
*
!
!
, %(
-#."& / !
+
!
0 +
1
1
"
+0
1
!
'
+.!
'
!
' +
! 2+
13 4 +$
'/0 $5 " 3 !
!
- 2- '
" !
$ 67
!
+
0
!
5 #
5 "
! ' ) '
8 7
( (
' +
!
! '
!
! 0 ' +
+ 1'
2!
!
!
!
+
0
1
!
!
!! 3
! ! +
'
'
1
, 4 +$
% &
9 " xx xx xx
12. In view of the settled proposition of law, we affirm the decision of this Court in Ramgopal and Anr. vs. The State of Madhya Pradesh and re-iterate that the powers of this Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a voluntary compromise between the complainant/victim and the accused.
13. We, however, put a further caveat that the powers under Article 142 or under Section 482 Cr.P.C., are exercisable in post-conviction matters only where an appeal is pending before one or the other Judicial forum. This is on the premise that an order of conviction does not attain finality till the accused has exhausted his/her legal remedies and the finality is sub-judice before an appellate court. The pendency of legal proceedings, be that may before the final Court, is sine-qua-non to involve the superior court's plenary powers to do complete justice. Conversely, where a settlement has ensued post the attainment of all legal remedies, the annulment of proceedings on the basis of a compromise would be impermissible. Such an embargo is necessitated to prevent the accused from gaining an indefinite leverage, for such a settlement/compromise will always be loaded with lurking suspicion about its bona fide. We have
- 3- already clarified that the purpose of these extra-ordinary powers is not to incentivise any hollow-hearted agreements between the accused and the victim but to do complete justice by effecting genuine settlement(s).
xx xx xx
16. On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings. On similar lines, when considering a prayer for quashing on the basis of a compromise/settlement, if the Court is satisfied that the underlying objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a 'special statute' would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C."
: ; !
:%"&$%$
& 3 $ 0 !
$#$
0 !
+
.!
+
! !
0 3 $ '
0 +0
'
! 0
0
! 2
! 0
!
+
< +$
%&$%$
&5"
'
! 2
'
! $
0! 1
!
0 ! !
'
5: 2+
9. =5:
+ ' !
! ++ 9 0 3 $
!
!
-!
2
- 4-
0 '
!
!
+
! !
"
$
0 0
0
1
-!
!!
0
! 0'
>?% &
! 2
%
&
'
! 1$ @@@...@@@ '
0 .2+
$
+ !
+
0 !!
1 ! !
0 '
! 2
!
! '
10.
Resultantly, the present petition is allowed and
!
"
#$ !
"%&%& ! $ ! %#'
(
&(!
#
( )
* , and all other consequential proceedings arising therefrom are quashed qua the petitioner on the basis of the compromise dated 06.12.2022.
(AMAN CHAUDHARY) JUDGE September 13, 2023 M.Kamra Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No