CRM-M-52860 of 2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 139+299 CRM-21461-2025 in/and CRM-M-52860 of 2024 Date of Decision: 21.05.2025 Darshna Devi and others ....Petitioners Versus State of Haryana and others ....Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Sanjiv Gupta, Advocate for the petitioners. Mr. Neeraj Poswal, AAG, Haryana. Mr. Aayush Bansal, Advocate for respondents No.2 to 4. ***** Manisha Batra, J.(Oral) CRM-21461-2025 This is an application for placing on record the Special Power of Attorney of respondents No.3 and 4. Application is allowed, as prayed for. CRM-M-52860 of 2024 1. The present petition has been filed seeking quashing of FIR No.234 dated 13.07.2016 under Sections 120-B, 419, 420, 467, 468 and 471 of IPC, registered at Police Station Tosham, District Bhiwani as well as quashing of judgment of conviction and order on quantum of sentence as awarded to the petitioners vide orders dated 15/16.04.2024 (Annexure P-2), DINESH BANSAL 2025.05.26 17:07 I attest to the accuracy and integrity of this document Chandigarh CRM-M-52860 of 2024 -2- on the basis of a compromise effected between the parties. 2. Learned counsel for the petitioners has submitted that the parties by making amicable settlement have resolved their inter se dispute and therefore, it is submitted by them that the quashing of the aforementioned FIR and the proceedings emanating therefrom, deserve to be allowed as the continuation of thereof would be a futile exercise. 3. This Court vide order dated 23.10.2024 had given directions to the parties to appear before the trial Court for recording their statements. 4. Pursuant to the aforesaid orders, the District and Sessions Judge, Bhiwani has sent report dated 18.11.2024 to this Court along with the statements of respondent No.2/complainant-Sunil Kumar and also GPA of respondents No.3 and 4, petitioners/accused and Investigating Officer-SI Jagmal recorded on 16.11.2024. 5. On the basis of these statements, it is submitted by learned Magistrate that the compromise effected between the parties is genuine, out of free Will and without any pressure or coercion. It is also mentioned in the report that apart from the petitioners, there are five other accused in the FIR, out of which, two accused have expired and arrest of remaining three accused is still pending and that the present petitioners have not been declared proclaimed persons in this case. 6. I have heard learned counsel for the parties and besides perusing the report by learned Judicial Magistrate, have also perused the record. 7. It is well settled that the High Court has power to allow compounding of a non-compoundable offence and quash the prosecution under Section 482 of Cr.P.C. where it feels that the same is required to DINESH BANSAL 2025.05.26 17:07 I attest to the accuracy and integrity of this document Chandigarh CRM-M-52860 of 2024 -3- prevent the abuse of process of law or otherwise to secure the ends of justice. In this regard, reference can be made to a Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab, 2007 (3) RCR (Criminal) 1052. It is equally settled position of law that the power of High Court in quashing criminal proceedings or FIR or complaint in exercise of its inherent jurisdiction is of wide plenitude with no statutory limitation. Such power can certainly be exercised in cases where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The High Court is required to consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law and whether to secure the ends of justice, it is appropriate to put an end to the criminal case and if the answer to such question is in affirmative, then the High Court is well within its jurisdiction to quash the criminal proceedings. Reference in this context can be made to Hon’ble Apex Court judgments cited as Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Narinder Singh and others vs. State of Punjab and another, 2014 (6) SCC 466. Reference can also be made to another judgment rendered in Ramawatar vs. State of Madhya Pradesh, 2021 Crl. L.R. (SC) 1527, wherein, it was observed that the powers under Article 142 or under Section 482 Cr.P.C., are exercisable in post-conviction matters only where an appeal is pending before one or the other Judicial forum. This is on the premise that an order of conviction does not attain finality till the accused has exhausted his/her legal remedies and the finality is sub-judice before an Appellate Court. The pendency of legal proceedings, be that may before the final Court, is sine-qua-non to involve the superior DINESH BANSAL 2025.05.26 17:07 I attest to the accuracy and integrity of this document Chandigarh CRM-M-52860 of 2024 -4- court’s plenary powers to do complete justice. Conversely, where a settlement has ensued post the attainment of all legal remedies, the annulment of proceedings on the basis of a compromise would be impermissible. Such an embargo is necessitated to prevent the accused from gaining an indefinite leverage, for such a settlement/compromise will always be loaded with lurking suspicion about its bona fide. It was also observed that the purpose of these extra-ordinary powers was not to incentivise any hollow-hearted agreements between the accused and the victim but to do complete justice by effecting genuine settlement(s). 8. In view of the proposition of law as settled in the aforementioned cases, this Court finds that continuation of proceedings would be an abuse process of the Court in the facts and circumstances of the present case which squarely falls within the ambit and parameters settled by judicial precedents and that allowing and accepting the prayer of the petitioners by quashing of the FIR No.234 dated 13.07.2016 under Sections 120-B, 419, 420, 467, 468 and 471 of IPC, registered at Police Station Tosham, District Bhiwani as well as quashing of judgment of conviction and quantum of punishment as imposed upon the petitioners vide orders dated 15/16.04.2024 (Annexure P-2), would be securing the ends of justice, which is primarily the object of legislature enacted under Section 482 of Cr.P.C. Accordingly, the petition is allowed and the FIR No.234 dated 13.07.2016 under Sections 120-B, 419, 420, 467, 468 and 471 of IPC, registered at Police Station Tosham, District Bhiwani as well as quashing of judgment of conviction and order of quantum of sentence as awarded to the petitioners vide orders dated 15/16.04.2024 (Annexure P-2) and all the subsequent proceedings arising therefrom, are ordered to be quashed qua the petitioners DINESH BANSAL 2025.05.26 17:07 I attest to the accuracy and integrity of this document Chandigarh CRM-M-52860 of 2024 -5- on the basis of compromise. 9. Needless to say that the parties shall remain bound by the terms and conditions of the compromise and statements as recorded before learned Judicial Magistrate. (MANISHA BATRA) 21.05.2025 JUDGE D.Bansal Whether speaking/ reasoned : Yes/ No Whether Reportable : Yes/ No DINESH BANSAL 2025.05.26 17:07 I attest to the accuracy and integrity of this document Chandigarh