Vikas Kumar Alias Vikash And Another v. State Of Haryana And Another
1.
This petition has been filed un der Section 482 of the Code of Criminal P Procedure for quashing of FIR R No.473 dated 28.07.2024, registered a at Police Station Azad Nagar, Hisar, under Sections 121(1), 132, 221, 2 296, 3(5), 351(3) of BNSS an nd all subsequent proceedings arising there efrom on the basis of the compro omise.
2.
This Court while issuing notic ce of motion vide order dated 12.11.2025, , directed the parties to appear r before the trial Court/Illaqa Magistrate f for recording their statements wi ith regard to the compromise.
3.
Pursuant to the aforesaid orde er, report dated 02.01.2026 has been receiv ved from the Judicial Magistrate e Ist Class, Hisar. A perusal of the said rep ort reveals that statements of the e concerned persons have been
CRM-M-49813-2025 -2recorded 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. It is stated in the report that there are two accused. None of the accused has been declared as proclaimed offender and is not involved in any other FIR. 4.
Learned counsel submits that the dispute between the petitioners and respondent No.2 has now settled. Reliance is placed on the judgment of the Division Bench in Vinod @ Boda and others vs. State of Haryana and another, 2017(1) RCR (Criminal) 571 followed by Rajesh Soni and others vs. State of Punjab and others, CRM-M13539-2018, dated 27.08.2018, wherein also FIR involving the offence under Section 353 IPC was quashed.
5.
Heard learned counsel for the parties and also gone through the case file.
6.
The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, 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 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.
Hon'ble the 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
CRM-M-49813-2025 -3abuse 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 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. XXX---XXX"
8.
In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioners 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.473 dated 28.07.2024, registered at Police Station Azad Nagar, Hisar, under Sections 121(1), 132, 221, 296, 3(5), 351(3) of BNSS and all other consequential proceedings arising therefrom are quashed qua the petitioners on the basis of the compromise.