Punjab-Haryana High Court
Gulab Singh And Another vs State Of Punjab And Another on 25 August, 2022
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
CRM-M-34286-2019 - 1-
243
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-34286-2019
DECIDED ON: 25th AUGUST, 2022
GULAB SINGH AND ANOTHER
PETITIONERS
VERSUS
STATE OF PUNJAB AND ANOTHER
RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.
Present: None for the petitioners.
Mr. Shubham Kaushik, AAG, Punjab.
None for respondent No.2.
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SANDEEP MOUDGIL, J (ORAL)
The instant petition under Section 482 Cr.P.C. has been filed for quashing of FIR No. 160, dated 14.07.2019 (Annexure P-1), under Sections 457 and 380 IPC registered at Police Station Patran, District Patiala and all subsequent proceedings arising therefrom on the basis of compromise dated 16.07.2019 (Annexure P-2).
During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR.
Vide orders dated 22.08.2019 and 07.11.2019 parties were directed to appear before the Illaqa Magistrate/Trial Court and for report with regard to the genuineness of the compromise.
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The report dated 15.11.2019 has been received from learned Judicial Magistrate Ist Class, Samana stating that the parties have entered into a compromise voluntarily, which is genuine and out of free will.
Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
"The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.
The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. 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."
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It is evident that in view of the amicable resolution of the issues amongst the parties, no useful purpose would be served by continuation of the proceedings. The furtherance of the proceedings is likely to be a waste of judicial time and there appears to be no chances of conviction.
In view of above, the present petition is allowed and the above mentioned FIR (Annexure P-1) with all subsequent proceedings arising therefrom are quashed qua the petitioners in view of compromise (Annexure P-2).
SANDEEP MOUDGIL JUDGE 25th AUGUST, 2022.
sham
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No 3 of 3 ::: Downloaded on - 27-08-2022 15:41:45 :::