Kiran Bala And Another v. State Of Haryana And Another

- 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-16550-2023 (O&M) Date of decision: 11.05.2023 Kiran Bala and another ....Petitioners

Versus

State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. Sudhir Rana, Advocate for the petitioner Mr. Dhruv Sihag, AAG Haryana Mr. Rattan S. Kingra, Advocate for Mr. Vishal Singh, Advocate for respondent No.2 ***** AMAN CHAUDHARY . J.

1.

The present petition has been filed under Section 482 of Cr.P.C. for quashing of FIR No.357, dated 27.08.2022, registered under Sections 323, 506, 376 and 34 IPC (Section 376 IPC deleted later on) at Police Station Gandhi Nagar, District Yamuna Nagar and all other consequential proceedings arising therefrom in view of the affidavit of respondent No.2, Annexure P-2. 2.

This Court while issuing notice of motion vide order dated 10.04.2023 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 3.

Pursuant to the aforesaid order, report dated 27.04.2023 has been received from the Judicial Magistrate First Class, Yamuna Nagar at Jagadhri. A perusal of the said report reveals that statements of the parties have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The

- 2compromise effected between them is genuine, without any undue influence and coercion. It is further stated in the report that there were three accused, however challan was presented against only two (petitioners herein). None of them has been declared as proclaimed offender and are not involved in any other FIR. 4.

Heard learned counsel for the parties and have also gone through the case file.

5.

The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court is of the view that the same was 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.

6.

Hon'ble The Supreme Court of India in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, had 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 reads thus:- "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. XXX---XXX"

- 37.

In view of the judgments referred to above, perusing the report of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing of FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. 8.

Resultantly, the present petition is allowed andFIR No.357, dated 27.08.2022, registered under Sections 323, 506, 376 and 34 IPC (Section 376 IPC deleted later on) at Police Station Gandhi Nagar, District Yamuna Nagar, and all other consequential proceedings arising therefrom are quashed qua the petitioners on the basis of affidavit of respondent No.2. (AMAN CHAUDHARY) JUDGE 11.05.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No