Punjab-Haryana High Court
Ravish Manchanda vs State Of Haryana And Another on 10 January, 2025
Neutral Citation No:=2025:PHHC:002452
CRM-M-62051-2024 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
250
CRM-M-62051-2024
Date of decision: 10.01.2025
RAVISH MANCHANDA
....PETITIONER
V/s
STATE OF HARYANA AND ANOTHER
....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Dhruv Gupta, Advocate
for the petitioner.
Mr. Parveen Kumar Aggarwal, DAG, Haryana.
Mr. Paras Kukkar, Advocate for
Mr. Prince Pushpinder Rana, Advocate
for respondent No.2.
*****
SUMEET GOEL, J.
1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.371 dated 26.10.2018 under Sections 406/420/120-B of IPC and Section 467/468/471 of IPC added later on, registered at Police Station Ambala City, District Ambala and all consequential proceedings arising therefrom on the basis of compromise dated 22.11.2024 (Annexure P-2), which is stated to have been effected between the parties.
2. On 11.12.2024, the following order was passed:
"The petitioners arraigned as accused in the FIR captioned below, have come up before this Court under Section 528 BNSS to quash the FIR and all consequential proceedings based on the compromise amicably arrived at with the victim(s), Notice served upon the official respondent(s) through State counsel. In case the State wants to file its response, they must do so 1 of 7 ::: Downloaded on - 14-01-2025 07:48:17 ::: Neutral Citation No:=2025:PHHC:002452 CRM-M-62051-2024 2 positively before the next date. The counsel appearing for the private respondent(s) on instructions states that there is no objection if the FIR and all consequent proceedings mentioned in this petition are quashed.
Given above, the petitioner(s) and the private respondent(s), and all other victim(s), if not arraigned as respondents, to appear before the concerned Trial Court/Illaqa Magistrate/Duty Magistrate on 23.12.2024, for getting their statements recorded with regard to the compromise arrived at between them. Before recording their statements, the Ld. Judge should ensure the following aspects and send the report, in the following format, preferably before the next date fixed in this court:
Name of the reporting Court FIR No. Dated Police Station Sections 371 26.10.2018 Ambala City, 406, 420, 120-B District Ambala IPC (Sections 467, 468, 471 IPC added later on) Criminal Case no. before trial Court
1. Names of the complainant/ victims(s)/aggrieved persons(s)
2. Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded
3. Has the identity of the complainant/ Yes/No victims(s)/ aggrieved persons(s) been verified?
4. Whether all the victims/ all the aggrieved persons Yes/No have compromised the matter?
5. Is there pressure, threat, or coercion Yes/No upon the victim(s)/aggrieved person(s)/complainant?
6. Names of the accused person(s)
7. Dates on which the statement(s) of the accused persons(s) recorded
8. Whether all the accused have compromised the Yes/No matter? If no, then the names of the accused who have compromised.
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9. Whether proclamation proceedings Yes/No are pending against any accused?
10. Has the police report been filed or Yes/No not?
11. Notice of accusation /Charges have Yes/No been framed or not?
12. Sections of statutes invoked in the matter
13. Whether the court is satisfied with the genuineness Yes/No of the compromise There would be no need for a certified copy of this order, and any Advocate for the Petitioners/State can download this order and other particulars as may be required, from the official web page of this Court, and attest it to be a true copy. The concerned court can also verify its authenticity and may download and use the downloaded copy for immediate use, if required.
List on 10.01.2025."
3. Pursuant to the aforesaid order, report dated 24.12.2024 from Judicial Magistrate Ist Class, Ambala has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-
Name of the reporting Court Dr. Sushma-I, Judicial st Magistrate 1 Class, Ambala FIR No. Dated Police Station Sections 371 26.10.2018 Ambala City, 406, 420, 120-B District Ambala IPC (Sections 467, 468, 471 IPC added later on) Criminal Case no. before trial Court CIS No.CHI/1770 of 2018
1. Names of the complainant/ victims(s)/aggrieved Veena Rani persons(s)
2. Dates on which the statement(s) of the 23.12.2024 complainant/ victims(s)/ aggrieved persons(s) 3 of 7 ::: Downloaded on - 14-01-2025 07:48:17 ::: Neutral Citation No:=2025:PHHC:002452 CRM-M-62051-2024 4 were recorded
3. Has the identity of the complainant/ Yes victims(s)/ aggrieved persons(s) been verified?
4. Whether all the victims/ all the Yes aggrieved persons have compromised the matter?
5. Is there pressure, threat, or coercion No upon the victim(s)/aggrieved person(s)/complainant?
6. Names of the accused person(s) Ravish Manchanda
7. Dates on which the statement(s) of the accused 23.12.2024 persons(s) recorded
8. Whether all the accused have compromised the Yes matter? If no, then the names of the accused who have compromised.
9. Whether proclamation proceedings No are pending against any accused?
10. Has the police report been filed or Yes not?
11. Notice of accusation /Charges have Yes been framed or not?
12. Sections of statutes invoked in the 406, 420, 467, matter 468, 471 & 120- B of IPC
13. Whether the court is satisfied with the Yes genuineness of the compromise
4. Learned counsel for respondent No.2 admits the fact of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioners are quashed.
5. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2).
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6. I have heard learned Counsel for the parties and have carefully gone through the records of the case.
7. This Court and the Hon'ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non-compoundable offences in the cases of Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Ram Gopal and another vs. State of Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021). The proposition of law that emerges from the aforesaid decisions rendered by the Hon'ble Apex Court and this Court is :
(a) Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected by Section 320 of the Code.
(b) However, wider the power greater the caution.
(c) The underlining principle while exercising such power is that it can be invoked to quash the proceedings recognizing compromise between the parties in the matters which are overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes.
(d) The said power is not to be exercised in the prosecutions involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. as such offences are not private in nature and have a serious impact on society.
(e) Section 482 Cr.P.C. casts duty upon the High Court to advance interest of justice as well. It is in recognition of this duty casted upon the High Court, that Apex Court held that the High Court would not refuse to quash FIR under Section 307 merely because FIR finds 5 of 7 ::: Downloaded on - 14-01-2025 07:48:17 ::: Neutral Citation No:=2025:PHHC:002452 CRM-M-62051-2024 6 mention thereof. High Court can assess nature of injuries sustained, whether such injuries inflicted on vital/delicate parts of the body/nature of weapons used etc.
(f) Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigation and chargesheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under investigation.
(g) While quashing FIR in non-compoundable offences even which are of private in nature, High Court is required to consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he has managed the complainant to enter into a compromise.
The statutory provision of Section 528 of BNSS, 2023 is same as the statutory provision of Section 482 of Cr.P.C., 1973. Therefore, the above said principles of law would apply to a petition under Section 528 of BNSS, 2023 as well.
8. Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that it is a fit case to exercise jurisdiction vested u/s 528 of BNSS,2023 to quash the FIR as :-
(i) Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice.
(ii) The offences alleged are primarily of private nature.
(iii) The parties have compromised.
(iv) As per the report received the compromise is said to be voluntary in its nature.
(v) Complainant/victim is reported to have entered into compromise on his own volition.
9. Consequently, the petition is allowed. FIR No.371 dated 26.10.2018 under Sections 406/420/120-B of IPC and Section 467/468/471 of IPC added later 6 of 7 ::: Downloaded on - 14-01-2025 07:48:17 ::: Neutral Citation No:=2025:PHHC:002452 CRM-M-62051-2024 7 on, registered at Police Station Ambala City, District Ambala and all consequential proceedings arising therefrom on the basis of compromise dated 22.11.2024 (Annexure P-2), are, hereby, quashed qua the petitioners.
10. Pending application(s), if any, shall also stand disposed off.
(SUMEET GOEL) JUDGE January 10, 2025 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 7 of 7 ::: Downloaded on - 14-01-2025 07:48:17 :::