CRM-M No.495 IN THE 227 Sunny Kumar an State of Haryana CORAM : HON Present: Mr. for t Mr. Mr. for r *** NAMIT KUMA 1. The Section 482 of C 25.01.2022 regis Section 3 of the Atrocities) Act, 1 Scheduled Caste (Amendment 20 Yamuna Nagar therefrom on th executed between 2. Lear may be quashed a 49510 of 2024 (O&M) -1- THE HIGH COURT OF PUNJAB CHANDIGARH CRM-M Date of De ar and others Versus ryana and another HON'BLE MR. JUSTICE NAMIT Mr. Vaibhav Narang, Advocate for the petitioners. Mr. Abhinash Jain, DAG, Haryana. Mr. Lakhan Singh, Advocate for respondent No.2. *** UMAR, J. (ORAL) The present petition has been fil Code of Criminal Procedure for q registered under Sections 323, 377 of the Scheduled Castes and the Sch Act, 1989 (Sections 180, 506 IPC, Se Castes and Scheduled Tribes (Preven nt 2015) added subsequently) at W agar (Annexure P-1) and all other su on the basis of compromise dated etween the parties. Learned counsel for the parties hav ashed as the parties have amicably sett JAB AND HARYANA AT ARH M No.49510 of 2024 (O&M) e of Decision:17.01.2025 ... Petitioners ... Respondents AMIT KUMAR yana. een filed by the petitioners under for quashing of FIR No.0014 dated , 377, 498-A and 506 of IPC and he Scheduled Tribes (Prevention of C, Sections 3(1)(r), 3(1)(s), 3(2)(va) Prevention of Atrocities) Act, 1989 Women Police Station, District ther subsequent proceedings arising dated 17.09.2024 (Annexure P-4) ies have stated that the present FIR ly settled the dispute. s nder ated and n of )(va) 1989 strict ising ) FIR PANKAJ KUMAR 2025.01.18 09:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.495 3. Duri directed to record genuineness and 4. In co District & Sessio District and Sess which, it has bee undue influence o 5. The State of Punjab Division Bench Haryana and compounding of proceedings of th case of involving 6. An Court in case Gia (Criminal) 543 under:- “57. sum crim inhe to a 320 statu guid justi case F.I.R their 49510 of 2024 (O&M) -2- During the course of preliminary record the statements of all the concer ss and validity of the compromise by th In compliance thereof, report dated Sessions Judge, Yamuna Nagar has b d Sessions Judge, Yamuna Nagar, wit as been mentioned that the compromis ence or coercion from any side. The Hon'ble Full Bench of this Cou njab and another, 2007(3) RCR ( ench of this Court in case Sube Sin nd another, 2013(4) RCR (Cr ing of offence can be allowed ev s of the appeal against conviction pen olving non-compoundable offence. An identical question came to be Gian Singh Versus State of Punja ) 543. Having interpreted the relevan 57. The position that emerges from summarised thus: the power of th criminal proceeding or FIR or inherent jurisdiction is distinct and to a criminal court for compoundi 320 of the Code. Inherent power statutory limitation but it has to be guideline engrafted in such power justice or (ii) to prevent abuse of the cases power to quash the crimina F.I.R. may be exercised where the o their dispute would depend on the fa inary hearing, the trial Court was concerned parties, with regard to the e by this Court. dated 02.12.2024 from learned Addl. has been received through learned , with statements of the parties, in promise is genuine and there was no is Court in case Kulwinder Singh vs. CR (Criminal) 1052 and Hon'ble e Singh and another vs. State of (Criminal) 102 observed that ed even after conviction, during on pending in Sessions Court and in to be decided by Hon'ble Supreme unjab and another, 2012(4) RCR relevant provisions, it was ruled as from the above discussion can be of the High Court in quashing a or complaint in exercise of its and different from the power given unding the offences under Section wer is of wide plenitude with no to be exercised in accord with the wer viz; (i) to secure the ends of f the process of any Court. In what inal proceeding or complaint or he offender and victim have settled he facts and circumstances of each was o the ddl. rned s, in as no vs. n'ble of that uring nd in reme CR d as be a its ven ion no the of hat or led ch PANKAJ KUMAR 2025.01.18 09:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.495 case of su and depr fittin offen natu com offen or t invo over diffe offen part matr wro have Cou the conv wou inju case victi wou with proc settl and crim ques its ju 7. The Narinder Singh (Criminal) 482. 8. Hav and the fact that and on that basis Procedure has be been arrived at w and the parties 49510 of 2024 (O&M) -3- case and no category can be prescri of such power, the High Court must and gravity of the crime. Heinous a depravity or offences like murder, fittingly quashed even though the vi offender have settled the dispute. Su nature and have serious impact compromise between the victim an offences under special statutes like or the offences for any basis for q involving such offences. But overwhelmingly and pre-dominati different footing for the purposes offences arising from commercial partnership or such like transaction matrimony relating to dowry etc. or wrong is basically private or perso have resolved their entire dispute. I Court may quash criminal proceed the compromise between the offende conviction is remote and bleak and would put accused to great oppress injustice would be caused to him case despite full and complete settle victim. In other words, the High C would be unfair or contrary to the with the criminal proceeding or proceeding would tantamount to ab settlement and compromise betwee and whether to secure the ends of criminal case is put to an end an question(s) is in affirmative, the Hi its jurisdiction to quash the criminal The same view has been reiterated ngh and others Vs. State of Punja ) 482. Having regard to the contentions of t that both the parties to the litigation t basis, the present petition under Sec has been filed for quashing the prese t with the intervention of the resp arties have decided to keep harmon escribed. However, before exercise must have due regard to the nature ous and serious offences of mental der, rape, dacoity, etc. cannot be e victim or victim's family and the e. Such offences are not private in pact on society. Similarly, any m and offender in relation to the like Prevention of Corruption Act or quashing criminal proceedings ut the criminal cases having inatingly civil flavour stand on ses of quashing, particularly the rcial, financial, mercantile, civil, tions or the offences arising out of c. or the family disputes where the ersonnel in nature and the parties te. In this category of cases, High ceedings if in its view, because of fender and victim, the possibility of and continuation of criminal case ression and prejudice and extreme him by not quashing the criminal ettlement and compromise with the h Court must consider whether it the interest of justice to continue or continuation of the criminal to abuse of process of law despite tween the victim and wrongdoer s of justice, it is appropriate that d and if the answer to the above e High Court shall be well within inal proceeding.” iterated by the Apex Court in case unjab and another, 2014(2) RCR ons of learned counsel for the parties gation have entered into compromise er Section 482 of Code of Criminal e present FIR. The compromise has e respectables and family members armony between them and to live ise e tal be the in ny the Act ngs ing on the vil, t of the ties igh of of ase me nal the r it ue nal ite oer hat ove hin case CR rties mise inal has bers live PANKAJ KUMAR 2025.01.18 09:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.495 peacefully in futu allowed to comp are ad idem that, present petition d 9. In v the impugned FI 377, 498-A and Scheduled Tribes Sections 3(1)(r), Tribes (Preventi subsequently) at 1) and all othe quashed, on the b January 17, 202 Pankaj* 49510 of 2024 (O&M) -4- in future. Hence, it would be in the in compromise the matter. Moreover, l that, in view of the settlement of dis ition deserves to be accepted in this co In view of above, the instant petiti FIR No.0014 dated 25.01.2022 and 506 of IPC and Section 3 of Tribes (Prevention of Atrocities) Act, (1)(r), 3(1)(s), 3(2)(va) of the Sche revention of Atrocities) Act, 1989 at Women Police Station, District l other consequential proceedings a the basis of compromise, qua the pet , 2025 Whether speaking/reasoned Whether reportable the interest of justice that parties are over, learned counsel for the parties t of disputes between the parties, the this context. t petition is allowed. Consequently, registered under Sections 323, 3 of the Scheduled Castes and the s) Act, 1989 (Sections 180, 506 IPC, Scheduled Castes and Scheduled 1989 (Amendment 2015) added istrict Yamuna Nagar (Annexure P- ings arising therefrom are hereby the petitioners only. (NAMIT KUMAR) JUDGE ned : Yes : Yes s are rties , the ntly, 323, d the IPC, uled dded - reby PANKAJ KUMAR 2025.01.18 09:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh