Neeraj v. State Of Haryana And Another

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (263) CRM-M-26574-2025 (O&M) Date of Decision: 28.5.2025 Neeraj ......Petitioner

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Kamal Kumar Mor, Advocate for the petitioner.

Mr. Brijesh Sharma, AAG, Haryana.

Mr. Mayank Gupta, Advocate for respondent No. 2.

**** KIRTI SINGH , J. (ORAL) 1.

The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 99 dated 22.7.2023, under Sections 323, 34, 354-A, 376(2)(f), 406, 498-A IPC, registered at Women Police Station Jind, District Jind and all other consequential proceedings arising therefrom on the basis of the compromise dated 13.3.2024 (Annexure P-2) and affidavit dated 6.5.2025 (Annexure P-6).

2.

Initially the instant FIR was registered against the petitioner and his other family members under Sections 323, 34, 354-A, 376(2)(f), 406, 498-A IPC. However, during investigation, the family members of the petitioner were found innocent and only the petitioner was charge sheeted under Sections 323, 406 and 498-A IPC.

3.

Heard learned counsel for the parties and also gone through the

-2case file.

4.

This Court while issuing notice of motion vide order dated 15.5.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 5.

Pursuant to the aforesaid order, report dated 20.5.2025 has been received from the Additional Chief Judicial Magistrate, Jind. A perusal of the said report reveals that statements of the concerned persons 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 compromise effected between them is genuine, without any undue influence and coercion.

6.

The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that the High Court has the power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence(s) and quash the proceedings 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. 7.

The Hon'ble 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

-3criminal 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 xxx. "

8.

In view of the afore-referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner and the complainant, this Court finds that quashing the 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.

9.

Resultantly, the present petition is allowed and FIR No. 99 dated 22.7.2023, under Sections 323, 34, 354-A, 376(2)(f), 406, 498-A IPC, registered at Women Police Station Jind, District Jind, and all other consequential proceedings are quashed qua the petitioner on the basis of the compromise dated 13.3.2024 (Annexure P-2) and affidavit dated 6.5.2025 (Annexure P-6), subject to payment of Rs. 20,000/- to be deposited by the petitioner in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month.

10.

Pending miscellaneous application(s), if any, also stands disposed of.

(KIRTI SINGH) JUDGE May 28, 2025 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No