Lavi Kumar Gupta And ORS v. State Of Haryana And ANR
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.254 Case No. : CRM-M-54110-2024 Decided On : January 28, 2025 Lavi Kumar Gupta and others ....
Petitioners vs.
State of Haryana and another ....
Respondents CORAM :
HON'BLE MR. JUSTICE KIRTI SINGH.
* * * Present :
Mr. Shantanu Bansal, Advocate for the petitioners.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Yugank Goyal, Avocate for the complainant/respondent no.2.
* * * KIRTI SINGH , J. (Oral) :
1.
The present petition has been filed under Section 482 Cr.P.C., for quashing of FIR No.119, dated 14.06.2023, under Sections 323, 376(2)(n), 406, 498-A and 506 IPC, 1860, registered at Police Station Sector-9, Ambala City, District Ambala (Annexure P-1) and all other consequential proceedings arising therefrom, on the basis of compromise dated 24.09.2024 (Annexure P-2) effected with petitioners no.1 to 3 and also compromise dated 16.10.2024 (Annexure P-3) effected with petitioner no.4. 2.
Learned State counsel has filed reply by way of affidavit of Vijay Kumar, HPS, Deputy Superintendent of Police, HQS, Ambala, on behalf of respondent no.1 - State of Haryana, in the Court today, which is taken on record, subject to all just exceptions. A copy thereof has been supplied to
learned counsel for the petitioner.
3.
Heard learned counsel for the parties and also gone through the case file.
4.
A Co-ordinate Bench of this Court, while issuing notice of motion vide order dated 14.11.2024, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise.
5.
Pursuant to the aforesaid order, report dated 10.12.2024 has been received from learned Additional District and Sessions Judge, Ambala. A perusal of the said report reveals that statements of the concerned persons have been recorded 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.
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 noncompoundable 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 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 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 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 xxx xxx"
7.
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. 8.
Resultantly, the present petition is allowed and FIR No.119, dated 14.06.2023, under Sections 323, 376(2)(n), 406, 498-A and 506 IPC, 1860, registered at Police Station Sector-9, Ambala City, District Ambala (Annexure P-1) and all other consequential proceedings arising therefrom are quashed qua the petitioners on the basis of compromise dated 24.09.2024 (Annexure P-2) effected with petitioners no.1 to 3 and also compromise
dated 16.10.2024 (Annexure P-3) effected with petitioner no.4, subject to the costs of Rs. 20,000/-, to be deposited in the Poor Patient Welfare Fund, PGIMER, Chandigarh, within one month.
January 28, 2025 (KIRTI SINGH) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.