Ashish Seth And ORS. v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision: April 23, 2024 Ashish Seth and others .... Petitioners

Versus

State of Haryana and another .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Akshay Jindal, Advocate and Mr. Vrishank Suri, Advocate for the petitioner.

Mr. Aditya Pal Singla, AAG., Haryana.

Ms. Ankita Malhotra, Advocate for respondent No.2.

NIDHI GUPTA, J. (ORAL) 1.

The petitioners have filed the present petition under Section 482 Cr.P.C., for quashing the FIR No. 0017 dated 22.01.2023 under Sections 406, 498A, 509, 34 IPC registered at Police Station Sector 9, Ambala on the basis of compromise arrived at between the parties in Lok Adalat Ambala vide order dated 9.12.2023 (Annexure P-2) and all the consequential proceedings arising therefrom. 2.

Pursuant to the order dated 15.02.2024 passed by this Court, the parties appeared before the learned Judicial Magistrate Ist Class, Ambala to get their statements recorded. Learned Judicial Magistrate Ist Class, Ambala, has submitted her report along with copies of statements of the parties vide letter dated 05.03.2024 duly forwarded by the learned District and Sessions Judge, Ambala. 3.

A perusal of the above said report would show that the petitioners and respondent have appeared and suffered statements with respect to the compromise,

which have been found to be without any pressure, coercion, threat or undue influence.

4.

Learned counsel for respondent No.2 submits that the remaining payment of the total settlement of Rs. 56 lacs entered into between the parties, only one half amount has been paid and in terms of the compromise dated 9.12.2023 (Annexure P-2) the remaining payment has to be made at the time of recording second motion statements before the learned trial court which is fixed for 06.08.2024.

5.

Learned counsel for the respondent has stated that he has 'no objection' in case the present Complaint is quashed on the basis of compromise qua the petitioner.

6.

This Court has heard the learned counsel for the parties and has perused the file.

7.

After perusing the report submitted by the learned Judicial Magistrate Ist Class, Ambala this Court finds that the matter has been amicably settled between the petitioners and the respondent. Since the matter has been settled and the parties have decided to live in peace, this Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed. 8.

As per the Full Bench judgment of this Court in "Kulwinder Singh and others Vs State of Punjab", 2007 (3) RCR (Criminal) 1052, it is held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the proceedings where the High Court is of the opinion that the same is required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.

9.

Hon'ble Apex Court in the case of "Gian Singh Vs. State of Punjab and another", 2012 (4) RCR (Criminal) 543, had also observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment is reproduced here-in-below:- "57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court."

10.

In view of what has been discussed here-in-above, this petition is allowed and FIR No. 0017 dated 22.01.2023 under Sections 406, 498-A, 509, 34 IPC registered at Police Station Sector 9, Ambala and all the consequential proceedings arising therefrom, on the basis of compromise dated 09.12.2023 (Annexure P-2) effected between the parties are ordered to be quashed qua the petitioners.

April 23, 2024 ( NIDHI GUPTA ) archana JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No