Vijay Kumar Bhandari And ANR. v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-45434-2022 (O&M) Date of order: 07.08.2023 Vijay Kumar Bhandari & Another .....Petitioner(s) Vs.

State of Haryana & Another .....Respondent(s)

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Ms. Gurdeep Kaur, Advocate for the petitioners.

Ms. Deep Shikha Chauhan, AAG Haryana.

***** Nidhi Gupta, J.

The prayer in this petition is for quashing of FIR No.46 dated 09.08.2016 (Annexure P-1) under Sections 120-B, 406 and 498-A IPC registered at Women Police Station Panchkula and all consequential proceedings arising therefrom on the basis of compromise dated 15.11.2018 (Annexure P-2) arrived at between the parties. Learned counsel for the petitioners has inter alia submitted that the petitioners were not declared proclaimed offenders in the present case.

Learned State Counsel has stated that she has no objection in case the FIR is quashed on the basis of compromise qua the petitioners.

This Court has heard the learned counsel for the parties.

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. 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 prosecution 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.

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 hereinbelow:- "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."

In view of what has been discussed hereinabove, this petition is allowed and FIR No.46 dated 09.08.2016 (Annexure P-1) under Sections 120-B, 406 and 498-A IPC registered at Women Police Station Panchkula along with all other consequential proceedings arising therefrom on the basis of compromise, are ordered to be quashed qua the petitioners. Petition stands disposed of.

07.08.2023 (Nidhi Gupta) Sunena Judge Whether speaking/reasoned Yes/No Whether reportable Yes/No