The Hon'ble Full Bench of this Cou The v. is Court in case Kulwinder Singh vs State of Punjab njab and another
Case Details
CRM-M No.54993 54993 of 2024 -1- IN THE THE HIGH COURT OF PUNJAB JAB AND HARYANA AT ARH(cid:1) CHANDIGARH 272 (cid:1) Pawan CRM-M Date of De M No.54993 of 2024 e of Decision:28.04.2025 ... Petitioner Versus (cid:1) State of Haryana ryana and another s(cid:1) ... Respondents CORAM : HON
Legal Reasoning
HON'BLE MR. JUSTICE NAMIT AMIT KUMAR Mr. A.S. Gulati, Advocate for Present: Mr. Mr. Mr. Kulbir Dalal, Advocate for the petitioner. for t Mr. Ramender Singh Chauhan, AAG Mr. , AAG, Haryana. Mr. Mr. Sheetal Vaishnav, Advocate for respondent No.2. for *** *** (cid:1) NAMIT KUMA UMAR, J. (ORAL) 1. The present petition has been filed b The ction filed by the petitioner under Section 482 Cr.P.C. for for quashing of FIR No.0514 dated nder dated 20.12.2019 registered under Sections 34, 406 4, 406, 498-A, 354, 506 IPC (Sections leted ections 34, 354 and 506 IPC deleted later on) at Polic Police Station Gannaur, District So d all rict Sonipat (Annexure P-1) and all other subsequent equent proceedings arising therefrom mise refrom on the basis of compromise dated 21.09.2024 9.2024 (Annexure P-2) executed betwe between the parties. 2. Learned counsel for the parties hav Lear FIR ies have stated that the present FIR may be quashed a ashed as the parties have amicably sett ly settled the dispute. 3. During the course of preliminary Duri was inary hearing, the trial Court was directed to record record the statements of all the concer the concerned parties, with regard to the genuineness and ss and validity of the compromise by th e by this Court. PANKAJ KUMAR 2025.04.29 11:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.54993 54993 of 2024 -2- 4. In compliance thereof, report dat In c rned rt dated 03.12.2024 from learned Additional Civil Civil Judge (Sr. Divn.)-cum-Sub D trate, Sub Divisional Judicial Magistrate, Ganaur has been s been received through learned Distri nipat District and Sessions Judge, Sonipat with statements ments of the parties, in which, it h t the h, it has been mentioned that the compromise is ge se is genuine and there was no undue i any ndue influence or coercion from any side. 5. The Hon'ble Full Bench of this Cou The vs. is Court in case Kulwinder Singh vs. State of Punjab njab and another, 2007(3) RCR ( n'ble CR (Criminal) 1052 and Hon'ble Division Bench ench of this Court in case Sube Sin of e Singh and another vs. State of Haryana and nd another, 2013(4) RCR (Cr (Criminal) 102 observed that that compounding of ing of offence can be allowed ev uring ed even after conviction, during proceedings of th s of the appeal against conviction pen nd in on pending in Sessions Court and in case of involving olving non-compoundable offence. 6. An identical question came to be An reme to be decided by Hon'ble Supreme Court in case Gia Gian Singh Versus State of Punja CR unjab and another, 2012(4) RCR (Criminal) 543 ) 543. Having interpreted the relevan d as relevant provisions, it was ruled as under:- PANKAJ KUMAR 2025.04.29 11:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh “57. 57. The position that emerges from summarised thus: the power of th sum criminal proceeding or FIR or crim inhe inherent jurisdiction is distinct and to a to a criminal court for compoundi 320 of the Code. Inherent power 320 statu statutory limitation but it has to be guid guideline engrafted in such power justice or (ii) to prevent abuse of the justi case cases power to quash the crimina F.I.R F.I.R. may be exercised where the o their dispute would depend on the fa their case case and no category can be prescri of su of such power, the High Court must and gravity of the crime. Heinous a and depravity or offences like murder, depr from the above discussion can be be a of the High Court in quashing a its or complaint in exercise of its and different from the power given ven unding the offences under Section ion no wer is of wide plenitude with no to be exercised in accord with the the wer viz; (i) to secure the ends of of hat f the process of any Court. In what inal proceeding or complaint or or he offender and victim have settled led ch he facts and circumstances of each escribed. However, before exercise ise must have due regard to the nature e tal ous and serious offences of mental be der, rape, dacoity, etc. cannot be CRM-M No.54993 54993 of 2024 -3- e victim or victim's family and the the fittin fittingly quashed even though the vi in offender have settled the dispute. Su offen e. Such offences are not private in ny nature and have serious impact natu pact on society. Similarly, any m and offender in relation to the the com compromise between the victim an Act offences under special statutes like offen like Prevention of Corruption Act ngs or quashing criminal proceedings or the offences for any basis for q or t the criminal cases having ing ut involving such offences. But invo on inatingly civil flavour stand on overwhelmingly and pre-dominati over the ses of quashing, particularly the different footing for the purposes diffe rcial, financial, mercantile, civil, vil, offen offences arising from commercial tions or the offences arising out of t of part partnership or such like transaction the c. or the family disputes where the matrimony relating to dowry etc. or matr ersonnel in nature and the parties ties wro wrong is basically private or perso te. In this category of cases, High igh have have resolved their entire dispute. I of ceedings if in its view, because of Court may quash criminal proceed Cou fender and victim, the possibility of of the the compromise between the offende and continuation of criminal case ase conv conviction is remote and bleak and me ression and prejudice and extreme would put accused to great oppress wou him by not quashing the criminal nal inju injustice would be caused to him ettlement and compromise with the the case case despite full and complete settle r it h Court must consider whether it victim. In other words, the High C victi the interest of justice to continue ue wou would be unfair or contrary to the or continuation of the criminal nal with with the criminal proceeding or ite to abuse of process of law despite proceeding would tantamount to ab proc tween the victim and wrongdoer oer settl settlement and compromise betwee s of justice, it is appropriate that hat and and whether to secure the ends of d and if the answer to the above ove criminal case is put to an end an crim hin e High Court shall be well within question(s) is in affirmative, the Hi ques inal proceeding.” its jurisdiction to quash the criminal its ju 7. The same view has been reiterated The case iterated by the Apex Court in case Narinder Singh ngh and others Vs. State of Punja CR unjab and another, 2014(2) RCR ) 482. (Criminal) 482. 8. Having regard to the contentions of Hav rties ons of learned counsel for the parties and the fact that t that both the parties to the litigation mise gation have entered into compromise and on that basis sis, the present petition under Sect filed r Section 482 Cr.P.C. has been filed for quashing the ng the present FIR. The compromise the romise has been arrived at with the intervention of t n of the respectables and family m have ily members and the parties have decided to keep h keep harmony between them and to liv ence, o live peacefully in future. Hence, it would be in the e in the interest of justice that parties a e the arties are allowed to compromise the PANKAJ KUMAR 2025.04.29 11:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.54993 54993 of 2024 -4- matter. Moreove reover, learned counsel for the partie w of parties are ad idem that, in view of the settlement of ent of disputes between the parties, th es to ties, the present petition deserves to be accepted in th d in this context. 9. In view of above, the instant petiti In v ntly, t petition is allowed. Consequently, the impugned FIR No.0514 dated 20.12.2019 s 34, .2019 registered under Sections 34, 406, 498-A, 354 , 354, 506 IPC (Sections 34, 354 and n) at 54 and 506 IPC deleted later on) at Police Station ation Gannaur, District Sonipat ntial ipat and all other consequential proceedings arisi s arising therefrom are hereby quashe mise, uashed, on the basis of compromise, qua the petitioner titioner only. April 28, 2025 nkaj* monika/Pankaj* (NAMIT KUMAR) JUDGE ned Whether speaking/reasoned Whether reportable : : Yes/No Yes/No PANKAJ KUMAR 2025.04.29 11:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh