Happy Jain And Ors vs State Of Haryana And Others on 16 October, 2023

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Punjab-Haryana High Court

Happy Jain And Ors vs State Of Haryana And Others on 16 October, 2023

Bench: Avneesh Jhingan

                                                     Neutral Citation No:=2023:PHHC:134539




CRM-M- 26033 of 2023                                    [1]
2023:PHHC:134539

             IN THE HIGH COURT OF PUNJAB & HARYANA
                             AT CHANDIGARH
262
                                  CRM-M-26033 of 2023
                                  Date of decision:16th October, 2023


Happy Jain @ Kapil Jain and others
                                                                        Petitioners
                                      Versus

State of Haryana and others
                                                                     Respondents

CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:     Mr. Naresh Kumar, Advocate for
             Mr. S.K. Verma, Advocate for the petitioners.
             Mr. Rajiv Sidhu, DAG, Haryana.
             Mr.Rajat Verma, Advocate for respondent No. 2.

AVNEESH JHINGAN, J (Oral):

1. This petition under Section 482 of Code of Criminal Procedure is filed seeking quashing of FIR No. 313 dated 6.7.2021, under Sections 147/149/323/452/506 IPC, 1860 registered at Police Station City Sirsa, District Sirsa and all subsequent proceedings arising therefrom on the basis of compromise.

2. As per the allegations, as a result of matrimonial dispute injuries were inflicted.

3. The parties with the intervention of respectables have compromised the matter.

4. On 22.5.2023, the parties were directed to appear before the Illaqa Magistrate/trial court for getting their statements recorded with regard to compromise.

5. The report dated 26.7.2023 is received stating that the compromise is genuine, voluntary, without any coercion or undue influence and there are nine accused (petitioners herein) and they have not been declared as proclaimed offender.

6. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-

1 of 2 ::: Downloaded on - 18-10-2023 02:15:30 ::: Neutral Citation No:=2023:PHHC:134539 CRM-M- 26033 of 2023 [2] 2023:PHHC:134539 "There is no statutory bar in Cr.P.C. which affects inherent power of this Court under Section 482. The power of quashing is not limited to matrimonial cases alone."

7. The Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, 2017 AIR (SC) 4843 laid down the broad principles governing the exercise of powers for quashing of FIR. It was held that the power under Section 482 Cr.P.C. is to be exercised by the High Court to secure the ends of justice, to prevent abuse of any process of law and in cases where in view of the compromise the possibility of conviction is remote and continuation of proceeding will cause oppression and prejudice.

8. The incident is a fallout of matrimonial dispute. With the intervention of friends and relatives, the parties have decided to forget and forgive and to save their relations to an extent possible. No useful purpose would be served by continuing with the trial. Due to compromise, there are bleak chances of conviction. To meet the ends of justice, the FIR mentioned above and all consequential proceedings arising therefrom are quashed.

9. The petition is allowed.

[AVNEESH JHINGAN] JUDGE 16th October, 2023 anuradha

1. Whether speaking/ reasoned : Yes / No

2. Whether reportable : Yes / No Neutral Citation No:=2023:PHHC:134539 2 of 2 ::: Downloaded on - 18-10-2023 02:15:30 :::

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