Sandeep Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-24966-2022 (O&M) Date of Decision : 27.03.2023 Sandeep Kumar .....Petitioner

Versus

State of Haryana and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present :

Ms. Randeep Kaur, Advocate for Mr. Rahul Bhargav, Advocate for the petitioner. Mr. Gaurav Bansal, Asstt. A.G., Haryana for respondent No.1-State.

Mr. Prikshit Thakur, Advocate for Ms. Arti Kaur, Advocate for respondents No.2 to 4. **** ASHOK KUMAR VERMA, J. (ORAL) The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.408 dated 11.11.2007 registered under Sections 406, 420 and 506 of the Indian Penal Code, 1860 at Police Station Pehowa, District Kurukshetra (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 04.02.2022 (Annexures P3) effected between the private parties. Pursuant to order dated 02.06.2022 passed by the Coordinate Bench of this Court, the parties had appeared before learned Sub Divisional Judicial Magistrate, Pehowa to get their statements recorded. Learned Sub Divisional Judicial Magistrate, Pehowa

CRM-M-24966-2022 submitted his report along with copies of statements of the parties vide letter dated 12.07.2022 through learned District and Sessions Judge, Kurukshetra which is taken on record.

I have heard learned Counsel for the petitioner, learned State Counsel and learned counsel for respondents No.2 to 4 and gone through the relevant record.

It is now well settled that the High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties for securing the ends of justice or to prevent abuse of the process where the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case. Criminal cases having overwhelmingly and predominantly civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute can be quashed when the parties have resolved their entire dispute among themselves.

However, such power cannot be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. which are not private in nature and have a serious impact on society.

CRM-M-24966-2022 between the victim and the offender. For judicial precedents in this regard, reference may be made to Gian Singh Vs. State of Punjab and another : 2012(4) RCR Criminal) 543, Narinder Singh Vs. State of Punjab (Supreme Court) : 2014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi Narayan and others (Supreme Court) : 2019 (2) RCR (Criminal) 255 and Kulwinder Singh and others Vs. State of Punjab and others (Punjab and Haryana High Court) : 2007

(3) RCR (Criminal) 1052.

According to the report, learned Sub Divisional Judicial Magistrate, Pehowa is satisfied that compromise effected between the parties is genuine, outcome of free consent of the parties and is without coercion from any quarter.

Considering the report dated 12.07.2022 of learned Sub Divisional Judicial Magistrate, Pehowa and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No.408 dated 11.11.2007 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioner only. Disposed of, accordingly.

(ASHOK KUMAR VERMA) 27.03.2023 JUDGE Kothiyal Whether speaking/reasoned Yes/No Whether reportable Yes/No