Punjab-Haryana High Court
Bijender Singh @ Rinku And Others vs State Of Haryana And Another on 10 December, 2009
Author: Nirmaljit Kaur
Bench: Nirmaljit Kaur
CRM No. M 31971 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CRM No. M 31971 of 2009 Date of decision: 10.12. 2009 Bijender Singh @ Rinku and others ........ Petitioners Versus State of Haryana and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur
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Present: Mr. Sandeep Kumar Yadav, Advocate for the petitioners Mr. Pradeep Virk, DAG, Haryana for the State Mr. Vikrant Hooda, Advocate for the complainant
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1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporter or not?
3. Whether the judgement should be reported in the Digest?
Nirmaljit Kaur, J. (oral) This is a petition under section 482 Cr.P.C for quashing of FIR No. 134 dated 08.09.2004 under Sections 498-A,406, 506, 34 of Indian Penal Code registered at Police Station Kosli on the basis of compromise, copy whereof has been placed on record as Annexure P-2.
The aforesaid FIR arises out of the matrimonial dispute. The matter has been compromised between both the parties with the intervention CRM No. M 31971 of 2009 2 of the respectable of the village without any pressure. A separate statement of the complainant has also been got recorded to the same effect.
Complainant appeared in person and stated that she has no objection if the aforesaid FIR is quashed. It is also stated that she entered into this compromise out of her own will without any coercion from any body.
The Full Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and another-2007(3) RCR (Criminal) 1052, held that the power under Section 482 Cr.P.C. may be exercised to prevent the abuse of process of any Court or to secure the ends of justice. In Kulwinder Singh's case (supra), it was held as under :-
"The power under Section 482 of the Cr.P.C. cannot be a hostage to one class or category of cases. That would be a complete mis-construction of the intent of the Legislature, who placed its utmost faith in the inherent power of the High Court to break free the shackle of other provisions of the Code to give effect to any order under it or to prevent the abuse of the process of any Court or otherwise to secure the ends of justice."
And further in paras 24 and 25, concluded as follows :-
"24. While parting with this part, it appears necessary to add that the settlement or compromise must satisfy the conscience of the court. The settlement must be just and fair besides being free from the undue pressure, the court must examine the cases of weaker and vulnerable victims with necessary caution.
25. To conclude, it can safely be said that there CRM No. M 31971 of 2009 3 can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482 of the Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the Section itself, i.e., "to prevent abuse of the process of any Court" or "to secure the ends of justice".
Even otherwise, the present case is a case of matrimonial dispute and is covered by the guidelines as laid down in Kulwinder Singh's case (supra). It is a fit case to exercise the inherent power of this Court under Section 482 Cr.P.C. to quash the aforesaid FIR on the basis of compromise having been arrived at between the parties.
In view of the nature of the allegations and the law laid down in the case of Kulwinder Singh (supra) which is applicable in the facts of the present case and also taking into consideration the statement of respondent No. 2, recorded separately, FIR No. 134 dated 08.09.2004 under Sections 498-A, 406, 506, 34 of Indian Penal Code registered at Police Station Kosli and further proceedings arising thereof qua the petitioners only are hereby quashed.
The petition is accordingly allowed.
(Nirmaljit Kaur) Judge December 10, 2009 mohan CRM No. M 31971 of 2009 4