Jagwinder Singh Alias Sunny And Others v. State Of Haryana And Another
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Present:
Ms. Akanksha Pal, Advocate for the petitioner. Mr. Malkiat Singh, DAG, Punjab.
Mr. P.P. Rana, Advocate for respondent no.2.
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( .$ The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing of FIR no. 126 dated 18.05.2022 u/s 307 IPC, 1860 & 25/27/29 Arms Аст, 1959 (307/143/452 r/w 149 IPC, 1860 & 25(1)(b)(a)/30 Arms Act, 1959 substituted later on) registered at Police Station Sector8 9, Ambala city, District Ambala (Annexure P81) and further quashing of all other subsequent proceedings arising out of the said FIR on the basis of compromise dated 13.08.2024 qua the present petitioners. During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. Vide order dated 28.08.2024, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for.
The report dated 16.09.2024 has been received from Judicial Magistrate Ist Class, Ambala, duly forwarded by District and Sessions Judge, Ambala, stating that the parties have entered into a compromise, which is genuine, voluntary and without any coercion or undue influence. Though the parties have entered into a compromise, the moot question for examination by this Court is still to consider as to whether the instant FIR be quashed, which involves the offence under Section 307 IPC as well since it is non8compoundable as per Section 320 of the Cr.P.C., 1973.
The Larger Bench of the Hon'ble Supreme Court in
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considering such eventualities after examining catena of decisions on the issue and summarizing the propositions as under:8
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Keeping in view the principles laid down in
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, the power under Section 482 Cr.P.C., is to be exercised 4.-<!
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to prevent an abuse of process of Court. Though, the powers vested therein are unfettered but shall be exercised sparingly with utmost care and caution since the Court is a vital and an extra8ordinary effective instrument to maintain and control social order.
Applying the aforesaid formula to the present case would definitely lead to an ever lasting peace and harmony not only among the two parties but in the locality as a whole and therefore, in view of the amicable resolution of the issues amongst the parties, no useful purpose would be served by continuation of the proceedings. It is evident that in view of the amicable resolution of the issues amongst the parties, no useful purpose would be served by continuation of the proceedings. The furtherance of the proceedings is likely to be a waste of judicial time and there appears to be no chances of conviction.
In view of above, FIR no. 126 dated 18.05.2022 u/s 307 IPC, 1860 & 25/27/29 Arms Асt, 1959 (307/143/452 r/w 149 IPC, 1860 & 25(1)(b)(a)/30 Arms Act, 1959 substituted later on) registered at Police Station Sector89, Ambala City, District Ambala (Annexure P81) and further quashing of all other subsequent proceedings arising out of the said FIR on the basis of compromise dated 13.08.2024 is quashed ) the petitioners.
The present petition is hereby allowed.
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