Punjab-Haryana High Court
Mehakpreet Singh @ Arsh vs State Of Punjab And Others on 30 September, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:137772
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
****
113-285-CRM-M-9991-2024 (O&M)
Date of Decision: 30.09.2024
****
Mehakpreet Singh @ Arsh ... Petitioner
VS.
State of Punjab & Ors. ... Respondents
****
CORAM: HON'BLE MR.JUSTICE SANDEEP MOUDGIL
****
Present: Mr. SPS Aulakh, Advocate for the petitioner
Mr. Malkiat Singh, DAG Punjab
Mr. MS Brar, Advocate for
Mr. GS Swaich, Advocate for respondents No.2&3
****
Sandeep Moudgil, J. (Oral)
CRM-38864-2024 Allowed as prayed for. Document (Annexure P8) is taken on record subject to just exceptions.
Main case The present petition has been filed under Section 482 CrPC for quashing of an FIR No.47 dated 11.04.2022 under Sections 451/323/149 IPC registered with Police Station Machhiwara, District Khanna (Annexure P-1) and all other consequential proceedings arising therefrom, on the basis of compromise dated 15.02.2024 (Annexure P-6) entered into between the parties.
During the pendency of the dispute, the parties have compromised the matter. Vide order dated 01.05.2024, parties were directed to appear before the Illaqa Magistrate/Trial Court and for report with regard to the genuineness of the compromise.
1 of 3 ::: Downloaded on - 27-10-2024 10:44:07 ::: Neutral Citation No:=2024:PHHC:137772 113-285-CRM-M-9991-2024 -2- The report dated 13.05.2024 has been received from learned JMIC, Smarala stating that the parties have entered into a compromise without any undue influence or pressure whereas the petitioner has been declared proclaimed offender vide order dated 03.06.2023.
Today, CRM-M-38864-2024 has been filed by the petitioner whereby it has been stated that the order dated 03.06.2023 (Annexure P4) vide which the petitioner had been declared proclaimed offender stands quashed by this Court in CRM-M-46026-2024 vide order dated 17.09.2024 (Annexure P8).
A 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 everlasting congeniality in society. Resolution of a dispute by way of a compromise between
2 of 3 ::: Downloaded on - 27-10-2024 10:44:08 ::: Neutral Citation No:=2024:PHHC:137772 113-285-CRM-M-9991-2024 -3- 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." The legal principles as laid down for quashing of the judgment were also approved by the Hon'ble Supreme Court in the matter of 'Gian Singh Versus State of Punjab and another, (2012) 10 SCC 303' . Furthermore, the broad principles for exercising the powers under Section 482 were summarized by the Hon'ble Supreme Court in the matter of 'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another" (2017) 9 SCC 641'.
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 wastage of judicial time as there appears to be no chances of conviction.
In view of above, prayer made in the present petition is allowed and the above mentioned FIR with all subsequent proceedings arising therefrom are quashed qua the petitioner in view of the compromise.
Disposed off.
Needless to say that the parties shall remain bound by the terms of compromise and their statements made before the Court below. 30.09.2024 (Sandeep Moudgil) V.Vishal Judge
1. Whether speaking/reasoned? Yes/No
2. Whether reportable? Yes/No 3 of 3 ::: Downloaded on - 27-10-2024 10:44:08 :::