Punjab-Haryana High Court
Nishant Kharb And Another vs State Of Haryana And Others on 20 October, 2023
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
Neutral Citation No:=2023:PHHC:137613
CRM-M- 25804 of 2022 [1]
2023:PHHC:137613
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
274
CRM-M-25804 of 2022
Date of decision: 20th October, 2023
Nishant Kharb and another Petitioners
Versus
State of Haryana and others
Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. Divyam, Advocate for
Mr.Vikram Singh, Advocate for the petitioners.
Mr. Rajiv Sidhu, DAG, Haryana.
Mr.Sukhdev Singh, Advocate for respondents No. 2 and 3.
AVNEESH JHINGAN, J (Oral):
1. This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 0549 dated 21.12.2021 under Sections 148/149/323/324/341 and 506 IPC, 1860 registered at Police Station Matlauda, District Panipat and all other subsequent proceedings arising therefrom on the basis of compromise
2. As per the FIR, there was an altercation and injuries were inflicted.
3. The parties with the intervention of respectables have compromised the matter.
4. On 23.8.2023, 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 26.9.2023 is received stating that the compromise is genuine, voluntary, without any coercion or undue influence and there are two accused (petitioners herein) and they have not been declared as proclaimed offender.
6. Full Bench of this Court in Kulwinder Singh and others vs. 1 of 2 ::: Downloaded on - 21-10-2023 16:15:39 ::: Neutral Citation No:=2023:PHHC:137613 CRM-M- 25804 of 2022 [2] 2023:PHHC:137613 State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
"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 parties are from same village. They have compromised the matter and have decided to forget and forgive. 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 20th October, 2023 anuradha
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No Neutral Citation No:=2023:PHHC:137613 2 of 2 ::: Downloaded on - 21-10-2023 16:15:40 :::