MOHIT KUMAR SWAMI AND OTHERS v. STATE OF HARYANA AND ANOTHER
CRM-M/53243/2024 · 2026-04-20
Mandeep Pannu
body2024
DailyLaw.ai
[ 2024 DAILYLAW 1848 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 1848 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
282 IN THE HIGH COURT OF PUNJAB AND HARYANA
MOHIT KUMAR SWAMI AND OTHERS STATE OF HARYANA AND ANOTHER
CORAM: HON'BLE MS.
Present: Mr. Madan Sandhu
Mr. Vaibhav Sharma, AAG, Haryana.
Mr. Jaivir Singh,
for respondent No.2.
MANDEEP PANNU, J (ORAL)
1.
This is a petition under Section No. 28, dated 13 registered at Police Station Cyber Sonipat, District Sonipat (Annexure P all the consequential proceedings arising therefrom, on the basis of compromis dated 18.10.2024 3).
2.
During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR.
3.
Vide order dated the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MOHIT KUMAR SWAMI AND OTHERS VERSUS STATE OF HARYANA AND ANOTHER
CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Madan Sandhu, Advocate for the petitioner r. Vaibhav Sharma, AAG, Haryana. Mr. Jaivir Singh,, Advocate for respondent No.2. MANDEEP PANNU, J (ORAL) This is a petition under Section 482 3.05.2024, under Sections 120- registered at Police Station Cyber Sonipat, District Sonipat (Annexure P all the consequential proceedings arising therefrom, on the basis of compromis 4 (Annexure P-2) and affidavit dated 18.10.2024 (Annexure P During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. Vide order dated 19.01.2026, parties the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. IN THE HIGH COURT OF PUNJAB AND HARYANA CRM-M-53243-2024 (O&M) DECIDED ON: 20.04.2026 .....PETITIONERS .....RESPONDENTS JUSTICE MANDEEP PANNU , Advocate for the petitioners. r. Vaibhav Sharma, AAG, Haryana. 482 of Cr.P.C. for quashing of FIR -B, 420, 467, 468, 471 of IPC, registered at Police Station Cyber Sonipat, District Sonipat (Annexure P-1), with all the consequential proceedings arising therefrom, on the basis of compromise and affidavit dated 18.10.2024 (Annexure P- During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. .2026, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the
for quashing of FIR B, 420, 467, 468, 471 of IPC, with e - During the pendency of the dispute, the parties have compromised were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the HIMANSHU 2026.04.21 17:22 I attest to the accuracy and integrity of this document
CRM-M-53243-2024 (O&M)
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4. The report dated 26.02.2026 has been received from Judicial Magistrate 1st Class, Sonepat, stating that the parties have entered into a compromise, which is genuine, voluntary and without any coercion or undue influence. 5. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
“29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482.
Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in
order to prevent the abuse of law and to secure the ends of justice.
30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the
facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever- lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to givefull effect to the same unless such compromise is HIMANSHU 2026.04.21 17:22 I attest to the accuracy and integrity of this document
CRM-M-53243-2024 (O&M)
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6.
The legal principles as laid down for quashing of the judgment were also approved by the Hon'ble Supreme Court in the matter of 'Gian Singh Versus State of Punjab and another,(2012) 10 SCC 303'.
7.
It is evident that in view of the amicable resolution of the issues amongst the parties, no useful purpose would be served by continuation of the proceedings. The furtherance of the proceedings is likely to be a waste of judicial time and there appears to be no chance of conviction.
8.
In view of above, FIR No. 28, dated 13.05.2024, under Sections 120-B, 420, 467, 468, 471 of IPC, registered at Police Station Cyber Sonipat, District Sonipat (Annexure P-1), with all the consequential proceedings arising therefrom, is quashed qua the petitioners, on the basis of compromise dated 18.10.2024 (Annexure P-2) and affidavit dated 18.10.2024 (Annexure P-3).
9.
The present petition is hereby allowed.
(MANDEEP PANNU) 20.04.2026
JUDGE himanshu
Whether speaking/reasoned Yes/No Whether reportable Yes/No
HIMANSHU 2026.04.21 17:22 I attest to the accuracy and integrity of this document