Neeraj v. State Of Haryana And Another

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision: 15.03.2024 Neeraj .... Petitioner

Versus

State of Haryana and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. G.S. Sandhu, Advocate for the petitioner. Mr. Aditya Pal Singla, AAG, Haryana.

Mr. Dinesh Maurya, Advocate for respondent No. 2. NIDHI GUPTA, J. (ORAL) The petitioner who is the husband of respondent No. 2complainant has filed the present petition under Section 482 Cr.P.C., for quashing of FIR No. 0045 dated 19.04.2023 (Anexure P-1) registered under Sections 406, 498-A and 506 read with Section 34 IPC at Women Police Station, Jind, Disrict Jind and all the consequential proceedings arising therefrom, on the basis of compromise/affidavit dated 07.12.2023 (Annexure P-2) effected between the parties.

Pursuant to the order dated 14.12.2023 passed by a co-ordinate Bench of this Court, the parties appeared before the learned Judicial Magistrate Ist Class, Jind, to get their statements recorded. Learned Judicial Magistrate Ist Class, Jind, has submitted his report

-2along with statements of the parties vide letter dated 22.02.2024 duly forwarded by the learned District and Sessions Judge, Jind. A perusal of the above said report would show that the petitioner and respondent No. 2 have appeared and suffered statements with respect to the compromise, which have been found to be genuine and has been entered into by the parties voluntarily, without any pressure, coercion or undue influence.

Learned counsel for the petitioner submits that the present FIR emanates from the matrimonial dispute between the parties. He further submits that as per report, the present FIR was lodged against 09 persons, however, upon investigation, 08 were found innocent and challan has been presented only against the present petitioner. It is further submitted that the petitioner has never been declared as proclaimed offender.

Learned State counsel has stated that he has 'no objection' in case the FIR is quashed on the basis of compromise qua the petitioner. This Court has heard the learned counsel for the parties and has perused the file.

After perusing the report submitted by the learned Judicial Magistrate Ist Class, Jind, this Court finds that the matter has been amicably settled between the petitioner and respondent No. 2. Since the matter has been settled and the parties have decided to live in peace, this Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.

As per the Full Bench judgment of this Court in "Kulwinder

-3Singh and others Vs State of Punjab", 2007 (3) RCR (Criminal) 1052, it is held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the proceedings where the High Court is of the opinion that the same is 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.

Hon'ble Apex Court in the case of "Gian Singh Vs. State of Punjab and another", 2012 (4) RCR (Criminal) 543, had also 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 is reproduced here-inbelow:- "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."

In view of what has been discussed here-in-above, this

-4petition is allowed and FIR No. 0045 dated 19.04.2023 (Anexure P-1) registered under Sections 406, 498-A and 506 read with Section 34 IPC at Women Police Station, Jind, Disrict Jind, along with all other consequential proceedings arising therefrom on the basis of compromise, are ordered to be quashed qua the petitioner. 15.03.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No