MANAN SAWHNEY MANAN SAWHNEY v. STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER
Case Details
CRM-M-12029 12029-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH 298 CRM-M-12029-2025 (O&M) Date of decision: 28.10.2025 MANAN SAWHNEY MANAN SAWHNEY .... Petitioner Versus STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER .... Respondents CORAM:
Legal Reasoning
The Full Bench of this Court in Kulwinder Singh and others The Full Bench of this Court in Kulwinder Singh and others 2007 (3) RCR (Criminal) 1052, held that High Court vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that High Court 2007 (3) RCR (Criminal) 1052, held that High Court vs. State of Punjab, - has power under Section 482 Cr.P.C. to allow the compounding of non has power under Section 482 Cr.P.C. to allow the compounding of non- has power under Section 482 Cr.P.C. to allow the compounding of non compoundable offence and quash the prosecution where the High Court is compoundable offence and quash the prosecution where the High Court is compoundable offence and quash the prosecution where the High Court is compoundable offence and quash the prosecution where the High Court is process of the view that the same was required to prevent the abuse of the process of the view that the same was required to prevent the abuse of the of the view that the same was required to prevent the abuse of the of law or otherwise to secure the ends of justice. This power of quashing is of law or otherwise to secure the ends of justice. This power of quashing is of law or otherwise to secure the ends of justice. This power of quashing is of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. not confined to matrimonial disputes alone. not confined to matrimonial disputes alone. 7. Hon'ble the Supreme Court of India in the case of Gian Singh Hon'ble the Supreme Court of India in the case of Gian Singh vs. State of Punjab and another,2012 (4) RCR (Criminal) 543, vs. State of Punjab and another, had 2012 (4) RCR (Criminal) 543, had observed that in order to secure the ends of justice or to prevent the abuse observed that in order to secure the ends of justice or to prevent the abuse observed that in order to secure the ends of justice or to prevent the abuse observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash of process of Court, inherent power can be used by this Court to quash of process of Court, inherent power can be used by this Court to quash of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The criminal proceedings in which a compromise has been effected. The criminal proceedings in which a compromise has been effected. The criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus: relevant portion of para 57 of the sa id judgment reads thus:- HIMANSHU 2025.10.29 19:23 I attest to the accuracy and integrity of this document CRM-M-12029 12029-2025 (O&M) 3 “57. The position that emerges from the above discussion can “57. The position that emerges from the above discussion can “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a be summarised thus: the power of the High Court in quashing a be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its criminal proceeding or FIR or complaint in exercise of its criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under given to a criminal court for compounding the offences under given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation Inherent power is of wide plenitude with no statutory limitation Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted but it has to be exercised in accord with the guideline engrafted but it has to be exercised in accord with the guideline engrafted to secure the ends of justice or (ii) to in such power viz; (i) to secure the ends of justice or (ii) to to secure the ends of justice or (ii) to prevent abuse of the process of any Court. XXX---XXX” prevent abuse of the process of any Court. XXX referred judgments, perusing the report of In view of the afore-referred judgments, perusing the report of referred judgments, perusing the report of 8. the trial Court regarding amicable settlement between the petitioner and the the trial Court regarding amicable settlement between the petitioner and the the trial Court regarding amicable settlement between the petitioner and the the trial Court regarding amicable settlement between the petitioner and the is Court finds that quashing the FIR will accord a quietus to complainant, this Court finds that quashing the FIR will accord a quietus to is Court finds that quashing the FIR will accord a quietus to complainant, t is in the interest of both sides to bury all disputes between the parties and it is in the interest of both sides to bury t is in the interest of both sides to bury all disputes between the parties the hatchet and lead a peaceful life. Thus, the hatchet and lead a peaceful life. no useful purpose would be Thus, no useful purpose would be n order to secure the ends of served in continuing the proceedings and in order to secure the ends of served in continuing the proceedings and served in continuing the proceedings and justice, the criminal proceedings in the present case deserve to be quashed. justice, the criminal proceedings in the present case deserve to be quashed. justice, the criminal proceedings in the present case deserve to be quashed. 9. Resultantly, the present petition is allowed and FIR No. 1117, Resultantly, the present petition is allowed and FIR No. 1117, Resultantly, the present petition is allowed and FIR No. 1117, dated 23.11.2024, registered under Sections 406, 420, 467, 468, 471 of IPC dated 23.11.2024, registered under Sections 406, 420, 467, 468, 471 of IPC dated 23.11.2024, registered under Sections 406, 420, 467, 468, 471 of IPC dated 23.11.2024, registered under Sections 406, 420, 467, 468, 471 of IPC olice Station Yamuna Nagar City, District Yamuna Nagar and all other , at Police Station Yamuna Nagar City, District Yamuna Nagar and all other olice Station Yamuna Nagar City, District Yamuna Nagar and all other olice Station Yamuna Nagar City, District Yamuna Nagar and all other consequential proceedings arising therefrom are quashed qua the petitioners consequential proceedings arising therefrom are quashed qua the petitioners consequential proceedings arising therefrom are quashed qua the petitioners consequential proceedings arising therefrom are quashed qua the petitioners on the basis of the compromise dated 27.01.2025. on the basis of the compromise dated 27.01.2025. on the basis of the compromise dated 27.01.2025. (AMAN CHAUDHARY AMAN CHAUDHARY) JUDGE 28.10.2025 himanshu Whether speaking/reasoned: Whether reportable: Yes/No Yes/No HIMANSHU 2025.10.29 19:23 I attest to the accuracy and integrity of this document
Arguments
AMAN CHAUDHARY HON’BLE MR. JUSTICE AMAN CHAUDHARY Present: for the petitioner. Mr. Parth Aneja, Advocate for the petitioner. Rakesh Kumar Jangra, AAG, Haryana. Mr. Rakesh Kumar Jangra, AAG, Haryana. Mr. Inderjit Singh, Advocate for respondent No.2. Mr. Inderjit Singh, Advocate for respondent No.2. ------ AMAN CHAUDHARY, J. (ORAL) AMAN CHAUDHARY 1. The present petition has been filed for quashing of FIR The present petition has been filed for quashing of FIR The present petition has been filed for quashing of FIR No.1117 dated 23.11.2024, registered under Sections 406, 420, 467, 468, No.1117 dated 23.11.2024, registered under Sections 406, 420, 467, 468, No.1117 dated 23.11.2024, registered under Sections 406, 420, 467, 468, No.1117 dated 23.11.2024, registered under Sections 406, 420, 467, 468, 471 IPC at Police Station Yamuna Nagar City, District Yamuna Nagar and 471 IPC at Police Station Yamuna Nagar City, District Yamuna Nagar and 471 IPC at Police Station Yamuna Nagar City, District Yamuna Nagar and 471 IPC at Police Station Yamuna Nagar City, District Yamuna Nagar and proceedings arising therefrom on the basis of the all other consequential proceedings arising therefrom on the basis of the proceedings arising therefrom on the basis of the all other consequential compromise dated 27.01.2025 (Annexure P-2). compromise dated 27.01.2025 (Annexure P compromise dated 27.01.2025 (Annexure P 2. Learned counsel for the petitioner submits that pursuant to the Learned counsel for the petitioner submits that pursuant to the Learned counsel for the petitioner submits that pursuant to the settlement, an amount of Rs.50 Lacs was outstanding for which a draft settlement, an amount of Rs.50 Lacs was outstanding for which a draft settlement, an amount of Rs.50 Lacs was outstanding for which a draft settlement, an amount of Rs.50 Lacs was outstanding for which a draft 04 has been handed over to the learned counsel bearing No. 002103509904 has been handed over to the learned counsel 04 has been handed over to the learned counsel bearing No. 0021035099 appearing for respondent No.2, who affirms that there is nothing that now appearing for respondent No.2, who affirms that there is nothing that now appearing for respondent No.2, who affirms that there is nothing that now appearing for respondent No.2, who affirms that there is nothing that now remains to be fulfilled in terms thereof. remains to be fulfilled in terms thereof. 3. This Court while issuing notice of motion vide order dated This Court while issuing notice of motion vide order dated This Court while issuing notice of motion vide order dated es to appear before the trial Court/Illaqa 15.09.2025, directed the parties to appear before the trial Court/Illaqa es to appear before the trial Court/Illaqa 15.09.2025, directed the parti Magistrate for recording their statements with regard to the compromise. Magistrate for recording their statements with regard to the compromise. Magistrate for recording their statements with regard to the compromise. HIMANSHU 2025.10.29 19:23 I attest to the accuracy and integrity of this document CRM-M-12029 12029-2025 (O&M) 2 4. Pursuant to the aforesaid order, report dated 30.09.2025 has Pursuant to the aforesaid order, report dated 30.09.2025 has Pursuant to the aforesaid order, report dated 30.09.2025 has been received from the Chief Judicial Magistrate, Yamuna Nagar at been received from the Chief Judicial Magistrate, Yamuna Nagar at been received from the Chief Judicial Magistrate, Yamuna Nagar at been received from the Chief Judicial Magistrate, Yamuna Nagar at A perusal of the said report reveals that statements of the Jagadhri. A perusal of the said report reveals that statements of the A perusal of the said report reveals that statements of the A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated concerned persons have been recorded in the present case, who have stated concerned persons have been recorded in the present case, who have stated concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in that the matter has been settled between them and they have no objection in that the matter has been settled between them and they have no objection in that the matter has been settled between them and they have no objection in romise effected between case the FIR in question is quashed. The compromise effected between case the FIR in question is quashed. The comp case the FIR in question is quashed. The comp them is genuine, without any undue influence and coercion. It is stated in them is genuine, without any undue influence and coercion. It is stated in them is genuine, without any undue influence and coercion. It is stated in them is genuine, without any undue influence and coercion. It is stated in is one accused. He has not been declared as proclaimed the report that there is one accused. He has not been declared as proclaimed is one accused. He has not been declared as proclaimed the report that there and is involved in FIR No.755 of 2021. offender and is involved in FIR No.755 of 2021. and is involved in FIR No.755 of 2021. 5. e parties and also gone through the Heard learned counsel for the parties and also gone through the e parties and also gone through the case file. 6.