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2025 DAILYLAW 13281 (PNJ)

PUNEET KUMAR AND ORS v. STATE OF HARYANA AND ANOTHER

CRM-M/2852/2025 · 2025-03-26

Kirti Singh

body2025

Judgment text

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CRM-M-2852-2025 (O&M) - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 273 CRM-M-2852-2025 (O&M) Date of decision: 26.03.2025 PUNEET KUMAR AND ORS ....Petitioners Versus STATE OF HARYANA AND ANOTHER ...Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present : Ms. Gursimran Walia, Advocate for Mr. Baljeet Beniwal, Advocate for the petitioners. Mr. Brijesh Sharma, AAG, Haryana. Mr. Sudhanshu Kaushik, Advocate for Mr. Kulveer Singh, Advocate for respondent No.2. KIRTI SINGH . J.(Oral) 1. This petition has been filed for quashing of FIR No.33 dated 18.01.2019 under Sections 313, 323, 354(A), 406, 498(A) & 506 IPC (Sections 313 & 354(A) were deleted later on) registered at Police Station SGM Nagar, Faridabad, Haryana, along with all consequential proceedings arising thereform, on the basis of compromise dated 10.01.2025 (Annexure P-2) arrived at between the parties. 2. Heard learned counsel for the parties and also gone through the case file. 3. This Court while issuing notice of motion vide order dated 20.01.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. AMANDEEP GOSAIN 2025.03.29 04:28 I attest to the accuracy and integrity of this order/judgment CRM-M-2852-2025 (O&M) - 2- 4. Pursuant to the aforesaid order, report dated 28.01.2025 has been received from the Judicial Magistrate 1st Class, Faridabad. A perusal of the said report reveals that statements of the 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 case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence and coercion. 5. The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that High Court 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 of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. 6. Hon'ble the Supreme Court in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, had 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 criminal proceedings in which a com- promise has been effected. The relevant portion of para 57 of the said judgment reads thus:- “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for com- pounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation AMANDEEP GOSAIN 2025.03.29 04:28 I attest to the accuracy and integrity of this order/judgment CRM-M-2852-2025 (O&M) - 3- but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. xxx xxx xxx. ” 7. In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioner(s) and the com- plainant, this Court finds that quashing the FIR will accord a quietus to all dis- putes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and FIR No.33 dated 18.01.2019 under Sections 313, 323, 354(A), 406, 498(A) & 506 IPC (Sections 313 & 354(A) were deleted later on) registered at Police Station SGM Nagar, Faridabad, Haryana and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 10.01.2025 (Annexure P-2), subject to payment of Rs.20,000/- to be deposited in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. 9. Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH) 26.03.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.03.29 04:28 I attest to the accuracy and integrity of this order/judgment