Sachin Kumar Nagi v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision-15.12.2023 Sahin Kumar Nagi

...Petitioner

Vs.

State of Haryana and another

...Respondents

CORAM:- HON'BLE MRS. JUSTICE MANISHA BATRA

Present:

Mr. Raj Kumar Bhatia, Advocate and Ms. Jyoti Gandhi, Advocate for the petitioner. Ms. Nidhi Garg, AAG, Haryana.

Mr. Vinod Wadhwa, Advocate for respondents No.2 and 3. *** MANISHA BATRA , J. (Oral) The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.110 dated 29.07.2019 under Sections 323, 34, 342, 406, 498-A and 506 of Indian Penal Code, 1860 registered at Women Police Station Ballabgarh, District Faridabad, Haryana (Annexure P-1) and all the subsequent proceedings arising therefrom, on the basis of memorandum of agreement dated 25.02.2023 (Annexure P-2). 2.

The aforementioned FIR had been lodged by respondent No.2/complainant and investigation was commenced thereon. 3.

It is submitted by counsel for the petitioner that a compromise has been arrived at between the parties and they have resolved their inter se

-2dispute, which was reduced into writing as memorandum of agreement dated 25.02.2023 annexed with the present petition as Annexure P-2. 4.

On the basis of said memorandum of agreement, the petitioner has prayed for quashing of the aforesaid FIR and all the subsequent proceedings on the ground that continuation of such proceedings would be a futile exercise.

5.

This Court vide order dated 21.09.2023 had directed the parties to appear before the Illaqa Magistrate/Trial Court for recording their statements with regard to the genuineness of the compromise stated to have been arrived at between them. The Illaqa Magistrate/Trial Court was also directed to send his/her report along with the said statements. 6.

Pursuant to the aforesaid order, The Judicial Magistrate, Faridabad has sent report dated 08.11.2023 to this Court along with the statement of respondent No.2-Shivani Kapoor and statement of the petitioner recorded on 23.10.2023 and statement of Investigating Officer ASI-Usha as recorded on 2.11.2023.

7.

On the basis of these statements, it is submitted by learned Judicial Magistrate that the compromise effected between the parties is genuine, out of free Will and without any pressure or coercion. It is also mentioned in the report that apart from the petitioner, there is no other accused in the FIR and that the accused have not been declared proclaimed persons in this case.

8.

I have heard learned counsel for the parties and besides perusing the report by learned Judicial Magistrate, have also perused the

-3record.

9.

It is well settled that the High Court has power to allow compounding of a non-compoundable offence and quash the prosecution under Section 482 of Cr.P.C. where it feels that the same is required to prevent the abuse of process of law or otherwise to secure the ends of justice. Such power is not confined to matrimonial disputes alone. In this regard, reference can be made to a Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab, 2007 (3) RCR (Criminal) 1052. It is equally settled position of law that the power of High Court in quashing criminal proceedings or FIR or complaint in exercise of its inherent jurisdiction is of wide plenitude with no statutory limitation. Such power can certainly be exercised in cases relating to offences arising out of matrimony relating to dowry etc.

or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The High Court is required to consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law and whether to secure the ends of justice, it is appropriate to put an end to the criminal case and if the answer to such question is in affirmative, then the High Court is well within its jurisdiction to quash the criminal proceedings. Reference in this context can be made to Hon'ble Apex Court judgments cited as Gian Singh v.

-4vs. State of Punjab and another, 2014 (6) SCC 466. 10.

In view of the proposition as settled in the aforementioned cases, this Court finds that continuation of proceedings would be an abuse process of the Court in the facts and circumstances of the present case which squarely falls within the ambit and parameters settled by judicial precedents and that allowing and accepting the prayer of the petitioner by quashing of the FIR would be securing the ends of justice, which is primarily the object of legislature enacted under Section 482 of Cr.P.C. Accordingly, the petition is allowed and the FIR No.110 dated 29.07.2019 under Sections 323, 34, 342, 406, 498-A and 506 of Indian Penal Code, 1860 registered at Women Police Station Ballabgarh, District Faridabad, Haryana (Annexure P-1) and all the subsequent proceedings arising therefrom, are ordered to be quashed qua the petitioner on the basis of memorandum of agreement dated 25.02.2023 (Annexure P-2). 11.

Needless to say that the parties shall remain bound by the terms and conditions of the compromise and statements as recorded before learned Judicial Magistrate.

(MANISHA BATRA) JUDGE 15.12.2023 geeta Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No