Punjab-Haryana High Court
Kul Bhushan Jain And Anr vs State Of Punjab And Another on 20 December, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:172074
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219 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-58862-2024
Date of Decision: 20.12.2024
KUL BHUSHAN JAIN AND ANR ...Petitioners
Vs.
STATE OF PUNJAB AND ANOTHER ...Respondents
CORAM:- HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Ms. Tamanna Banwala, Advocate and
Mr. Kshitij Sharma, Advocate for the petitioners.
Mr. Rajiv Verma, DAG, Punjab.
Mr. Arav Gupta, Advocate for respondent no.2.
SANDEEP MOUDGIL, J. (Oral)
The present petition has been under Section 528 BNSS, 2023
for quashing of FIR No. 0014 dated 10.01.2023 (Annexure P-2), under
Sections 420, 465, 468, 471, 511, 120-B IPC registered at Police Station
Zirakpur, SAS Nagar, with all consequential proceedings arising therefrom,
on the basis of compromise dated 05.11.2024 (Annexure P-3).
During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of FIR.
Vide order dated 03.12.2024, parties were directed to appear
before the Illaqa Magistrate/Trial Court and report with regard to the
genuineness of the compromise was called for.
The report dated 17.12.2024 has been received from Judicial
Magistrate Ist Class, Dera Bassi, duly forwarded by District and Sessions
Judge, SAS Nagar, stating that the parties have entered into a compromise,
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which is genuine, voluntary and without any coercion or undue influence.
Full Bench of this Court in Kulwinder Singh and others vs.
State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
“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.
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 give
full effect to the same unless such compromise is
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abhorrent to lawful composition of the society or would
promote savagery.”
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’.
Furthermore, the broad principles for exercising the powers under Section
482 were summarized by the Hon’ble Supreme Court in the matter of
‘Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others
versus State of Gujarat and another” (2017) 9 SCC 641′.
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 chances of
conviction.
In view of above, FIR No. 0014 dated 10.01.2023 (Annexure
P-2), under Sections 420, 465, 468, 471, 511, 120-B IPC registered at
Police Station Zirakpur, SAS Nagar, with all consequential proceedings
arising therefrom, on the basis of compromise dated 05.11.2024 (Annexure
P-3) is quashed qua the petitioners.
The present petition is hereby allowed.
(SANDEEP MOUDGIL)
JUDGE
20.12.2024
kv
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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