Allowed

Sandeep Sharma and Another v. State of Haryana and Another

Punjab & Haryana HC16 Dec 2024CRM-M/16423/2024

Case brief

AI extract

What is this about?

Husband and mother-in-law sought quashing of an FIR under Sections 323, 406 and 498-A IPC arising from a matrimonial dispute, on the basis of a compromise verified by the Magistrate. The court found the settlement genuine and quashed the FIR and consequential proceedings qua the petitioners.

What did the court decide?

FIR No. 55 dated 03.02.2024 under Sections 323, 406 and 498-A IPC and all consequential proceedings quashed qua petitioners.

Sandeep Sharma and Another Vs State of Haryana… — Dowry and Cruelty | Punjab & Haryana HC (2024)

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CRM-M-16423-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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223

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Criminal Misc. No. M-16423 of 2024 Date of decision :-16.12.2024

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Sandeep Sharma and another

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…..Petitioners

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Versus

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State of Haryana and another

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…..Respondents

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CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Amit Khari, Advocate for the petitioners.

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Mr. Aditya Pal Singla, AAG, H aryana.

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NIDHI GUPTA J. (Oral)

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The petitioners who are hus b and and mother-in-law of the complain a nt/respondent No. 2 herein have f iled the present petition under Section 4 8 2 Cr.P.C., for quashing of FIR No . 55 dated 03.2.2024 (Annexure P-1) unde r Sections 323, 406 and 498-A I P C, registered at Police Station Ram Nag a r, District Karnal and all the co n sequential proceedings arising therefrom , on the basis of compromise da t ed 23.3.2024 (Annexure P-3) effected b e tween the parties.

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Pursuant to the order dated 0 1 .8.2024 passed by this Court, the parties appeared before the learned J udicial Magistrate 1^st Class, Karnal, t o get their statements recorded. L earned Judicial Magistrate 1^st Class, Ka r nal, has submitted her report alon g with statements of the parties vide lette r dated 21.9.2024 duly forwarde d by the learned District and Sessions J udge, Karnal.

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A perusal of the above sai d report would show that the petitioner s and respondent No.2 have app e ared and suffered statements

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VIJAY ASIJA 2024.12.19 18.13 I attest to the accuracy and integrity of this document

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CRM-M-16423-2024

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with resp e ct to the compromise, which h ave been found to be valid, genuine, v oluntary and without any coercion or undue influence.

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Learned counsel for the petit i oners submits that the present FIR eman a tes from the matrimonial dispute b etween the parties. He further submits t h at as per report, all the accused a r e party to the compromise and they have never been declared as proclaime d offenders.

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Learned State counsel as w e ll as learned counsel for the complain a nt/respondent No.2 have stated t h at they have ‘no objection’ in case the F I R is quashed on the basis of com p romise qua the petitioners. This Court has heard the lear n ed counsel for the parties and has perus e d the file.

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After perusing the report sub m itted by the learned Judicial Magistrat e 1^st Class, Karnal, this Court f i nds that the matter has been amicably settled between the petitioners a n d respondent No.2. Since the matter ha s been settled and the parties hav e decided to live in peace, this Court feels that in order to secure the ends of justice, the criminal proceedin g s deserve to be quashed.

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As per the Full Bench judgme n t of this Court in “Kulwinder Singh and others Vs State of Punjab”, 2007 (3) RCR (Criminal) 1052, it is held th a t High Court has power under S e ction 482 Cr.P.C. to allow the compoun d ing of non-compoundable offen c e and quash the proceedings where the High Court is of the opinion that t he same is required to prevent the abuse of the process of law or otherwis e to secure the ends of justice. This pow e r of quashing is not confined to m a trimonial disputes alone. Hon'ble Apex Court in the ca s e of “Gian Singh Vs. State of Punjab and another”, 2012 (4) RCR (Criminal) 543, had also observed that in or d er 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

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VIJAY ASIJA 2024.12.19 18.13 I attest to the accuracy and integrity of this document

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CRM-M-16423-2024

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proceedin g s in which a compromise has bee n effected. The relevant portion

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of para 57 of the said judgment is reproduce d here-in-below:-

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“57. The position that emerge s from the above discussion can be summarised thus: the powe r of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinc t and different from the power given to a criminal court for c o mpounding the offences under Section 320 of the Code. Inhe r ent power is of wide plenitude with no statutory limitation b ut it has to be exercised in accord with the guideline eng r afted in such power viz; (i) to secure the ends of justice o r (ii) to prevent abuse of the process of any Court.” In view of what has been discussed here-in-above, this

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petition is allowed and FIR No. 55 dated 0 3 .2.2024 (Annexure P-1) under Sections 3 23, 406 and 498-A IPC, registere d at Police Station Ram Nagar, District K arnal, along with all other con s equential proceedings arising therefrom on the basis of compromise, are ordered to be quashed qua the petitioner s .

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Pending application(s), if any, shall stands disposed of.

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Decembe r 16, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2024.12.19 18.13 I attest to the accuracy and integrity of this document

Sandeep Sharma and Another v. State of Haryana and Another

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Sandeep Sharma and Another v. State of Haryana and Another

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