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High Court of Punjab and HaryanaCRM-M/53240/2024allowed

Angrej Singh And Others v. State Of Punjab And Another

2025-04-03Mr. Justice Sanjay Vashisth6 pages

   

       

   



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,"  #/     ") "5. In view of the statements of complainant, petitioner/accused and IO recorded before the Court on 4.11.2024, it is hereby reported as under:#  As per the statement of IO ASI Baldev Singh that there are 9 persons arrayed as accused in the FIR who are petitioners/accused before Hon' ble High Court.  As per the statement of IO ASI Baldev Singh that no accused are declared as proclaimed offender.

 As per statement of complainant, compromise with accused is genuine, voluntary and without any coercion or undue influence.

 As per the statement of IO ASI Baldev Singh that accused are not involved in any other FIR.

It is pertinent to mention here that  

                  

     However, complainant has suffered statement that he has compromised the matter with all the accused."

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/8 #/#%    ") "Respected Sir, 1.

I have the honour to submit that Hon'ble High Court vide order dated 18.2.2025 passed in CRM#M#53240 of 2024 has directed the petitioner no.3 to 'appear before the learned, Illaga Magistrate/Trial Court to get record his statement on 3.3.2025 or any other date convenient to the Court.

2.

On 7.3.2025 statement of petitioner/accused Amrik Singh was recorded in the. Court wherein he submitted that the present FIR No.183 dated 4.6.2020 under section

326,506, 148, 149 IPC and Section 25 and 27 of Arms Act P.S. City Ferozpeur was registered against him and other petitioners/accused on the statement of complainant Sukhchain Singh. He has effected compromise with the complainant. The said compromise is genuine, voluntary and without any coercion or undue influence. The present FIR and subsequent proceeding against him and other petitioners/accused kindly be quashed by. Hon'ble High Court. He has further stated that in compliance of the order dated 18.2.2025 passed by Hon'ble Punjab and Haryana High Court, amount of Rs.10,000/# has been deposited in Shri Ram Bagh Old Age Sewa Ashram Ferozepur Cantt.

It is further submitted that statement of complainant, victim and others petitioners/accused have already been sent to your goodself Your Honour and the said fact has also been mentioned in the order dated 18.2.2025 passed by Hon'ble Punjab and Haryana High Court.

Original receipt regarding deposit of Rs.10,000/# Shri Ram Bagh Old Age Sewa Ashram Ferozepur Cantt is sent to your goodself Your Honour in compliance of the order of Your Honour.

Copies of statement and other documents are attached herewith kind perusal of Hon'ble High Court.

Hence, this report in compliance to directions of Hon'ble High Court."

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3 Power under Section 482 Cr.P.C./Section 528 BNSS can be exercised to enhance social amity, and to reduce friction. Disputes which have their genesis in a matrimonial discord, landlord#tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 Cr.P.C./Section 528 BNSS in the event of a compromise, but this is not to say that the power is limited to such cases.

There can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482 Cr.P.C./Section 528 BNSS "to prevent abuse of the process of any Court" or "to secure the ends of justice". No embargo, be in the shape of Section 320(9) Cr.P.C./Section 359 BNSS, or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C./Section 528 of the BNSS. The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour.

High Court has the wide power to quash the proceedings even in non#compoundable offences notwithstanding the bar under Section 320 Cr.P.C./Section 359 BNSS, in order to prevent the abuse of law and to secure the ends of justice.

Power under Section 482 Cr.P.C./Section 528 BNSS is to be exercised Ex#Debitia Justitia to prevent an abuse of process of Court.

Such power has no limits. However, the High Court will exercise it sparingly and with utmost care and caution.

The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra#ordinary effective instrument to maintain and control social order.

The Courts play role of paramount importance in achieving peace, harmony and ever#lasting congeniality in society.

Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery. Matters which can be categorized as personal in nature or where nature of injuries do not exhibit mental depravity or involves commission of an offence of such a serious nature that quashing of FIR would override the public interest, the Court can quash the FIR in view of the settlement arrived at amongst the parties. $ 

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