Kamardin And Others v. State Of Punjab And Another

2023:PHHC:058850

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 25.04.2023 KAMARDIN AND OTHERS .....PETITIONERS

VERSUS

.....RESPONDENTS CORAM:HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present:

Mr. Prateek Pandit, Advocate for the petitioners.

Mr. Mohit Thakur, AAG, Punjab.

Mr. Nitin Rampal, Advocate for Mr. Barjinder Singh, Advocate for respondent No.2.

SANDEEP MOUDGIL, J (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.15, dated 09.03.2016, (Annexure P-1) under Sections 420, 465, 468, 120-B IPC, 1860 registered at Police Station Bholath, District Kapurthala with all the consequential proceedings arising therefrom, on the basis of compromise dated 04.03.2023 (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 20.03.2023, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for.

-2The report dated 11.04.2023 has been received from Sub Divisional Judicial Magistrate, Bholath 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.

-3give full effect to the same unless such 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 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'. In view of above, FIR No.15, dated 09.03.2016, (Annexure P-1) under Sections 420, 465, 468, 120-B IPC, 1860 registered at Police Station Bholath, District Kapurthala, with all the consequential proceedings arising therefrom, is quashed qua the petitioners, on the basis of compromise dated 04.03.2023 (Annexure P-2).

The present petition is hereby allowed.

(SANDEEP MOUDGIL) 25.04.2023 JUDGE Lavisha Whether speaking/reasoned:

Yes/No