Ankit Yadav v. Haryana and another State of Haryana and another
Case Details
262. 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 CRM-M-19028-2025 Date of decision: 11.08.2025 Ankit @ Ankit Yadav Ankit @ Ankit Yadav .... Petitioner Versus Haryana and another State of Haryana and another .... Respondents CORAM: NAMIT KUMAR HON’BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Pradeep Bhardwaj, Advocate for Mr. Pradeep Bhardwaj, Advocate for Mr. L.K. Gollen, Advocate for the petitioner.
Legal Reasoning
Kulwinder Singh The Hon'ble Full Bench of this Court in case Kulwinder Singh The Hon'ble Full Bench of this Court in case Versus State of Punjab and another, 2007(3) RCR (Criminal) 1052 Versus State of Punjab and ano and ther, 2007(3) RCR (Criminal) 1052 and Sube Singh and another Hon'ble Division Bench of this Court in case Sube Singh and another Hon'ble Division Bench of this Court in case Hon'ble Division Bench of this Court in case Versus State of Haryana and another, 2013(4) RCR (Criminal) 102 Versus State of Haryana and another, 2013(4) RCR (Criminal) 102 Versus State of Haryana and another, 2013(4) RCR (Criminal) 102 Versus State of Haryana and another, 2013(4) RCR (Criminal) 102 observed that compounding of offence can be allowed even after observed that compounding of offence can be allowed even after observed that compounding of offence can be allowed even after observed that compounding of offence can be allowed even after eedings of the appeal against conviction pending in conviction, during proceedings of the appeal against conviction pending in eedings of the appeal against conviction pending in conviction, during proc compoundable offence. Sessions Court and in cases involving non-compoundable offence. Sessions Court and in cases involving non 6. An identical question came to be decided by Hon'ble Supreme An identical question came to be decided by Hon'ble Supreme An identical question came to be decided by Hon'ble Supreme Gian Singh Versus State of Punjab and another, 2012(4) Court in case Gian Singh Versus State of Punjab and another, 2012(4) Gian Singh Versus State of Punjab and another, 2012(4) Court in case RCR (Criminal) 543 . Having interpreted the relevant provisions, it was Criminal) 543. Having interpreted the relevant provisions, it was . Having interpreted the relevant provisions, it was ruled as under:- ruled as under: 57. The position “57. The position 57. The position that emerges that emerges that emerges from from from the above the above the above discussion can be summarised thus: the power of the discussion can be summarised thus: the power of the discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or High Court in quashing a criminal proceeding or FIR or High Court in quashing a criminal proceeding or FIR or e of its inherent jurisdiction is complaint in exercise of its inherent jurisdiction is e of its inherent jurisdiction is distinct and different from the power given to a criminal distinct and different from the power given to a criminal distinct and different from the power given to a criminal HIMANSHU 2025.08.12 10:16 I attest to the accuracy and integrity of this document CRM-M-19028 19028-2025 - 3 - court for compounding the offences under Section 320 court for compounding the offences under Section 320 court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no of the Code. Inherent power is of wide plenitude with no of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord statutory limitation but it has to be exercised in accord statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to with the guideline engrafted in such power viz; (i) to with the guideline engrafted in such power viz; (i) to ) to prevent abuse of the secure the ends of justice or (ii) to prevent abuse of the secure the ends of justice or (ii process of any Court. In what cases power to quash the process of any Court. In what cases power to quash the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be criminal proceeding or complaint or F.I.R. may be criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled exercised where the offender and victim have settled exercised where the offender and victim have settled their dispute would depend on their dispute would depend on their dispute would depend on the the the facts and facts and facts and nd no category can be circumstances of each case and no category can be circumstances of each case a prescribed. However, before exercise of such power, the prescribed. However, before exercise of such power, the prescribed. However, before exercise of such power, the High Court must have due regard to the nature and High Court must have due regard to the nature and High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of gravity of the crime. Heinous and serious offences of gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, mental depravity or offences like murder, rape, dacoity, mental depravity or offences like murder, rape, dacoity, ttingly quashed even though the victim etc. cannot be fittingly quashed even though the victim ttingly quashed even though the victim or victim's family and the offender have settled the or victim's family and the offender have settled the or victim's family and the offender have settled the dispute. Such offences are not private in nature and dispute. Such offences are not private in nature and dispute. Such offences are not private in nature and have serious have serious have serious impact on society. Similarly, any impact on society. Similarly, any impact on society. Similarly, any compromise between the victim and offender in relation compromise between the victim and offender in relation compromise between the victim and offender in relation fences under special statutes like Prevention of to the offences under special statutes like Prevention of fences under special statutes like Prevention of Corruption Act or the offences for any basis for Corruption Act or the offences for any basis for Corruption Act or the offences for any basis for quashing criminal proceedings involving such offences. quashing criminal proceedings involving such offences. quashing criminal proceedings involving such offences. - But the criminal cases having overwhelmingly and pre But the criminal cases having overwhelmingly and pre- ing for dominatingly civil flavour stand on different footing for dominatingly civil flavour stand on different foot the purposes of quashing, particularly the offences the purposes of quashing, particularly the offences the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, arising from commercial, financial, mercantile, civil, arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences partnership or such like transactions or the offences partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the arising out of matrimony relating to dowry etc. or the arising out of matrimony relating to dowry etc. or the is basically private or family disputes where the wrong is basically private or family disputes where the wrong personnel in nature and the parties have resolved their personnel in nature and the parties have resolved their personnel in nature and the parties have resolved their entire dispute. In this category of cases, High Court may entire dispute. In this category of cases, High Court may entire dispute. In this category of cases, High Court may HIMANSHU 2025.08.12 10:16 I attest to the accuracy and integrity of this document CRM-M-19028 19028-2025 - 4 - quash criminal proceedings if in its view, because of the quash criminal proceedings if in its view, because of the quash criminal proceedings if in its view, because of the der and victim, the compromise between the offender and victim, the compromise between the offen possibility of conviction is remote and bleak and possibility of conviction is remote and bleak and possibility of conviction is remote and bleak and continuation of criminal case would put accused to continuation of criminal case would put accused to continuation of criminal case would put accused to great oppression and prejudice and extreme injustice great oppression and prejudice and extreme injustice great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal would be caused to him by not quashing the criminal would be caused to him by not quashing the criminal case despite case despite settlement and full and complete settlement and full and complete compromise with the victim. In other words, the High compromise with the victim. In other words, the High compromise with the victim. In other words, the High Court must consider whether it would be unfair or Court must consider whether it would be unfair or Court must consider whether it would be unfair or contrary to the interest of justice to continue with the contrary to the interest of justice to continue with the contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal criminal proceeding or continuation of the criminal criminal proceeding or continuation of the criminal to abuse of process of law proceeding would tantamount to abuse of process of law proceeding would tantamount despite settlement and compromise between the victim despite settlement and compromise between the victim despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of and wrongdoer and whether to secure the ends of and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an justice, it is appropriate that criminal case is put to an justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in end and if the answer to the above question(s) is in end and if the answer to the above question(s) is in High Court shall be well within its affirmative, the High Court shall be well within its High Court shall be well within its jurisdiction to quash the criminal proceeding.” jurisdiction to quash the criminal proceeding.” 7. The same view has been reiterated by the Apex Court in case The same view has been reiterated by the Apex Court in case The same view has been reiterated by the Apex Court in case Narinder Singh and others Versus State of Punjab and another, 2014(2) Narinder Singh and others Versus State of Punjab and another, 2014(2) Narinder Singh and others Versus State of Punjab and another, 2014(2) Narinder Singh and others Versus State of Punjab and another, 2014(2) RCR (Criminal) 482. RCR (Criminal) 482 8. Having regard to the contentions of learned counsel for the Having regard to the contentions of learned counsel for the Having regard to the contentions of learned counsel for the parties and the fact that both the parties to the litigation have entered into parties and the fact that both the parties to the litigation have entered into parties and the fact that both the parties to the litigation have entered into parties and the fact that both the parties to the litigation have entered into 482 of compromise and on that basis, the present petition under Section 482 of compromise and on that basis, the present petition under Section compromise and on that basis, the present petition under Section Code of Criminal Procedure has been filed for Code of Criminal Procedure quashing the present FIR. has been filed for quashing the present FIR. The compromise has been arrived at with the intervention of the The compromise has been arrived at with the intervention of the The compromise has been arrived at with the intervention of the The compromise has been arrived at with the intervention of the respectables and family members and the parties have decided to keep respectables and family members and the parties have decided to keep respectables and family members and the parties have decided to keep HIMANSHU 2025.08.12 10:16 I attest to the accuracy and integrity of this document CRM-M-19028 19028-2025 - 5 - would be harmony between them and to live peacefully in future. Hence, it would be harmony between them and to live peacefully in future. Hence, it harmony between them and to live peacefully in future. Hence, it in the interest of justice that parties are allowed to compromise the matter. in the interest of justice that parties are allowed to compromise the matter. in the interest of justice that parties are allowed to compromise the matter. in the interest of justice that parties are allowed to compromise the matter. that, in view of the Moreover, learned counsel for the parties are ad idem that, in view of the Moreover, learned counsel for the parties are Moreover, learned counsel for the parties are settlement of disputes between the parties, the present petition deserves to settlement of disputes between the parties, the present petition deserves to settlement of disputes between the parties, the present petition deserves to settlement of disputes between the parties, the present petition deserves to be accepted in this context. be accepted in th 9. In view of above, the instant petition is allowed. Consequently, In view of above, the instant petition is allowed. Consequently, In view of above, the instant petition is allowed. Consequently, FIR No.12, dated 07.02.2022, registered under Sections 323, the impugned FIR No.12, dated 07.02.2022, registered under Sections 323, FIR No.12, dated 07.02.2022, registered under Sections 323, the impugned A and 506 of IPC, at Women Police Station, District Rewari 406, 498-A and 506 of IPC, at Women Police Station, District Rewari A and 506 of IPC, at Women Police Station, District Rewari A and 506 of IPC, at Women Police Station, District Rewari equential proceedings arising therefrom (Annexure P-1) and all other consequential proceedings arising therefrom equential proceedings arising therefrom (Annexure P are hereby quashed, on the basis of compromise, qua the petitioner are hereby quashed, on the basis of compromise, qua the petitioner only. (NAMIT KUMAR) JUDGE 11.08.2025 himanshu Whether speaking/reasoned: Whether reportable: Yes/No Yes/No HIMANSHU 2025.08.12 10:16 I attest to the accuracy and integrity of this document
Arguments
Mr. Ramender Singh Chauhan, AAG, Haryana. Mr. Ramender Singh Chauhan, AAG, Haryana. Mr. Raghav, Advocate for the respondent No.2. ------ NAMIT KUMAR, J. (ORAL) NAMIT KUMAR 1. The present petition has been filed by the petitioner under The present petition has been filed by the petitioner under The present petition has been filed by the petitioner under Section 482 Code of Criminal Procedure, 1973 for quashing of FIR 482 of Code of Criminal Procedure, 1973 for quashing of FIR Code of Criminal Procedure, 1973 for quashing of FIR No.12, dated , dated 07.02.2022, registered under Section A and , registered under Sections 323, 406, 498-A and 506 of IPC, at , at Women Police Station, District Rewari (Annexure P and , District Rewari (Annexure P-1) and all other consequential proceedings arising therefrom on the basis of all other consequential proceedings arising therefrom on the basis of all other consequential proceedings arising therefrom on the basis of all other consequential proceedings arising therefrom on the basis of compromise dated 19.03.2025 (Annexure P compromise dated 2) executed between the .03.2025 (Annexure P-2) executed between the parties. 2. parties submits that the present FIR Learned counsel for the parties submits that the present FIR parties submits that the present FIR may be quashed as the parties have amicably settled the dispute. may be quashed as the parties have amicably settled the dispute. may be quashed as the parties have amicably settled the dispute. HIMANSHU 2025.08.12 10:16 I attest to the accuracy and integrity of this document CRM-M-19028 19028-2025 - 2 - 3. During the course of preliminary hearing, the trial Court was During the course of preliminary hearing, the trial Court was During the course of preliminary hearing, the trial Court was parties, with regard to directed to record the statements of all the concerned parties, with regard to directed to record the statements of all the concerned directed to record the statements of all the concerned the genuineness and validity of the compromise by this Court. the genuineness and validity of the compromise by this Court. the genuineness and validity of the compromise by this Court. 4. In compliance thereof, report dated 07 .05.2025 from learned pliance thereof, report dated 07.05.2025 from learned , has been received through learned Chief Judicial Magistrate, Rewari, has been received through learned , has been received through learned Chief Judicial Magistrate, , with statements of the parties, in District and Sessions Judge, Rewari, with statements of the parties, in , with statements of the parties, in District and Sessions Judge, which, it has been mentioned that the compromise is genuine and there was which, it has been mentioned that the compromise is genuine and there was which, it has been mentioned that the compromise is genuine and there was which, it has been mentioned that the compromise is genuine and there was no undue influence or coercion from any side. no undue influence or coercion from any side. no undue influence or coercion from any side. 5.