Allowed

Rajiv Kumar and Others v. State of Punjab and Another

Punjab & Haryana HC19 Dec 2024CRM-M/36067/2024

Case brief

AI extract

What is this about?

The High Court quashed the FIR and consequential proceedings under Sections 498-A and 406 IPC based on a compromise between the petitioners and the respondent, citing the inherent power to prevent abuse of process.

What did the court decide?

FIR No. 126 dated 28.11.2019 registered under Sections 498-A and 406 IPC and all consequential proceedings are quashed qua the petitioners.

Rajiv Kumar and Others Vs State of Punjab… — Matrimonial and Divorce | Punjab & Haryana HC (2024)

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CRM-M-36067-2024 (O&M) -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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226 CRM-M-36067-2024 (O&M) Date of Decision: 19.12.2024

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Rajiv Kumar and others

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.… Petitioners

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Versus

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State of Punjab and another .... Respondents

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - Mr. Naresh Kumar Manchanda, Advocate for the petitioners.

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Ms. Rishu Madan, A.A.G., Punjab.

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Mr. G.S.Virk, Advocate for Mr. Pranav Handa, Advocate for respondent No.2.

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NIDHI GUPTA, J. (ORAL)

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The petitioners have filed the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 126 dated 28.11.2019 (Annexure P- 1) registered under Sections 498-A and 406 IPC at Police Station Ajitwal, District Moga and all the consequential proceedings arising therefrom on the basis of compromise dated 09.07.2024 (Annexure P-2) effected between the parties.

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Pursuant to the order dated 31.07.2024 passed by this Court, the parties appeared before the learned Judicial Magistrate 1^st Class, Moga to get their statements recorded. Learned Judicial Magistrate 1^st Class, Moga has submitted her report along with statements of the parties vide letter dated 04.10.2024 duly forwarded by the learned District and Sessions Judge, Moga on 05.10.2024.

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A perusal of the above said report would show that the

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DIVYANSHI 2024.12.21 13:02 I attest to the accuracy and integrity of this document

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CRM-M-36067-2024 (O&M) -2-

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petitioners and respondent No. 2 have appeared and suffered statements with respect to the compromise, which have been found to be valid, genuine, voluntary and without any coercion or undue influence. There is no other criminal case pending against the petitioners. The petitioners have never been declared as proclaimed offenders. The petitioners and respondent No.2 are the only party to the compromise.

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Learned counsel for the State as well as learned counsel for respondent No.2 have stated that they have ‘no objection’ in case the FIR is quashed on the basis of compromise qua the petitioners.

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This Court has heard the learned counsel for the parties and has perused the file.

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After perusing the report submitted by the learned Judicial Magistrate 1^st Class, Moga, this Court finds that the matter has been amicably settled between the petitioners and respondent No. 2. Since the matter has been settled and the parties have decided to live in peace, this Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.

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As per the Full Bench judgment of this Court in “Kulwinder Singh and others Vs State of Punjab”, 2007 (3) RCR (Criminal) 1052, it is held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the proceedings where the High Court is of the opinion that the same is 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.

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DIVYANSHI 2024.12.21 13:02 I attest to the accuracy and integrity of this document

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CRM-M-36067-2024 (O&M) -3-

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Hon'ble Apex Court in the case of “Gian Singh Vs. State of Punjab and another”, 2012 (4) RCR (Criminal) 543, had also 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 is reproduced here-in-

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below:-

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“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.”

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In view of what has been discussed here-in-above, this

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petition is allowed; and FIR No. 126 dated 28.11.2019 (Annexure P-1) registered under Sections 498-A and 406 IPC at Police Station Ajitwal, District Moga and all the consequential proceedings arising therefrom on the basis of compromise dated 09.07.2024 (Annexure P-2), are ordered to

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be quashed qua the petitioners.

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Pending application, if any, stands disposed of.

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19.12.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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DIVYANSHI 2024.12.21 13:02 I attest to the accuracy and integrity of this document

Rajiv Kumar and Others v. State of Punjab and Another

Case brief

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Rajiv Kumar and Others v. State of Punjab and Another

Case brief

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