NAVEEN KUMAR AND OTHERS v. STATE OF HARYANA AND ANOTHER
CRM-M/17297/2025 · 2025-05-02
Kirti Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40075 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40075 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-17297-2025 224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17297-2025 Date of Decision : 02.05.2025 Naveen Kumar and others .....Petitioners Versus State of Haryana and another .....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:-. Mr. Sandeep Singh Jattan, Advocate for the petitioners Mr. Brijesh Sharma, AAG Haryana Ms. Pushpinder Kaur, Advocate for respondent No. 2 KIRTI SINGH, J.(Oral)
1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.382 dated 15.11.2017 registered under Sections 406, 498- A, 506, 323 and 120-B IPC at Police Station Naraingarh, District Ambala (Annexure P-1) along with all the subsequent proceedings arising therefrom, on the basis of compromise dated 16.12.2024 (Annexure P-2) effected 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 07.04.2025, directed the parties to appear before the Area Magistrate/trial Court for recording their statements with regard to the compromise.
5. Pursuant to the aforesaid order, report dated 29.04.2025 has been REENA 2025.05.02 22:03 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-17297-2025 received from the Sub Divisional Judicial Magistrate, Naraingarh. 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 compromise 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 compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation 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. REENA 2025.05.02 22:03 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-17297-2025 xxx xxx xxx. ”
7. In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes 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.382 dated 15.11.2017 registered under Sections 406, 498-A, 506, 323 and 120-B IPC at Police Station Naraingarh, District Ambala (Annexure P-1) along with all the subsequent proceedings arising therefrom are quashed qua the petitioners on the basis of compromise dated 16.12.2024 (Annexure P-2) subject to the costs of Rs. 20,000/- to be deposited in the Poor Patient Welfare Fund, PGIMER, Chandigarh within one month.
(KIRTI SINGH) 02.05.2025
JUDGE reena Whether speaking/reasoned? Yes/No Whether reportable? Yes/No REENA 2025.05.02 22:03 I attest to the accuracy and integrity of this document Chandigarh