Punjab-Haryana High Court
Charanjit Alias Sonu And Others vs State Of Haryana And Another on 28 April, 2009
Author: Sabina
Bench: Sabina
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. M No. 5279 of 2009
Date of Decision: April 28, 2009
Charanjit alias Sonu and others ...........Petitioners
Versus
State of Haryana and another ..........Respondents
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.J.S.Maanipur Advocate
for the petitioners.
Ms.Maloo Chahal,Deputy Advocate
General, Haryana
Mr.Randhir Shehawat, Advocate for respondent No.2
**
Sabina, J.
Petitioners have filed this petition under Section 482 Cr.P.C. seeking quashing of FIR No. 131 dated 9.9.2008 under Sections 323, 324,325,148,149 and 506 of the Indian Penal Code (`IPC' for short) registered at Police Station Bilaspur, District Yamuna Nagar (Annexure P1) as well as all subsequent proceedings arising out of the said FIR on the basis of compromise between the parties dated 23.11.2008 and 3.2.2009 (Annexures P2 & P3).
Learned counsel for the petitioner has submitted that now with the intervention of relatives and friends, parties have arrived at a compromise.
Affidavits of injured-Jarnail Singh, Gurmail Singh,Phaggu Ram, Balak Ram and Om Parkash-respondent No.2 have been taken on record. All the injured including respondent No.2 are present in person along with their counsel and have admitted the contents of their affidavits as Crl. Misc. M No. 5279 of 2009 -2- well as compromise (Annexure P3) wherein it has been stated that the injured have no objection if the FIR is quashed on account of compromise effected between them and the petitioners.
As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
Hon'ble the Apex Court in the case of Nikhil Merchant vs. Central bureau of Investigation and another JT 2008 (9) SC 192 in para Nos. 23 and 24 has held as under:-
"23. In the instant case, the disputes between the Company and the Bank have been set at rest on the basis of the compromise arrived at by them whereunder the dues of the Bank have been cleared and the Bank does not appear to have any further claim against the Company. What, however, remains is the fact that certain documents were alleged to have been created by the appellant herein in order to avail of credit facilities beyond the limit to which the Company was entitled. The dispute involved herein has overtones of a civil dispute with certain criminal facets. The question which is required to be answered in this case is whether the power which independently lies with this court to quash Crl. Misc. M No.5279 of 2009 -3- the criminal proceedings pursuant to the compromise arrived at, should at all be exercised?
24.On an overall view of the facts as indicated hereinabove and keeping in mind the decision of this Court in B.S.Joshi's case (supra) and the compromise arrived at between the Company and the Bank as also clause 11 of the consent terms filed in the suit filled by the Bank, we are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise Criminal Misc. No.30801 of 2008 (O&M) 6 arrived at between the parties would be a futile exercise."
Since the parties have arrived at a compromise, in order to live in peace, no useful purpose would be served by proceeding further with the criminal proceedings.
Accordingly, this petition is allowed. FIR No. 131 dated 9.9.2008 registered at Bilaspur, District Yamuna Nagar under Sections 323, 324,325,148,149 and 506 IPC alongwith all subsequent proceedings arising therefrom are quashed .
( Sabina ) Judge April 28, 2009 arya