Allowed

Sumit Nasa v. State of Haryana and Another

Punjab & Haryana HC19 Dec 2024CRM-M/36522/2024

Case brief

AI extract

What is this about?

Husband sought quashing of an FIR under IPC Sections 323, 34, 354-A, 406, 498-A and 506 on the basis of a compromise with his wife, the complainant. The Magistrate verified the compromise as genuine and voluntary; State and complainant raised no objection. Following Full Bench and Supreme Court authority, the Court quashed the FIR and proceedings.

What the court decided

AI extract

Sumit Nasa Vs State of Haryana and Another — Matrimonial and Divorce | Punjab & Haryana HC (2024)

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CRM-M-36522-2024 (O&M) -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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227 CRM-M-36522-2024 (O&M) Date of Decision: 19.12.2024

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Sumit Nasa .… Petitioner

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Versus

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State of Haryana and another .... Respondents

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - Mr. Ram Bilas Gupta, Advocate for the petitioner.

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Mr. Aditya Pal Singla, A.A.G., Haryana.

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Mr. Rajesh Kataria, Advocate for Mr. Vipan Kumar Sharma, Advocate for respondent No.2. ***

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NIDHI GUPTA, J. (ORAL)

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The petitioner, who is the husband of the complainant/respondent No.2, has filed instant petition under Section 528 of BNSS, 2023 for quashing of FIR No. 0190 dated 09.08.2022 registered under Sections 323, 34, 354-A, 406, 498-A, 506 IPC at Police Station Women Police Station NIT, Faridabad, District Faridabad, and challan has not been filed under Section 34 IPC, (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of Compromise deed dated 27.05.2024 (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, Faridabad, to get their statements recorded. Learned Judicial Magistrate 1^st Class, Faridabad, has submitted his report along with statements of the parties vide letter dated 20.08.2024 duly forwarded by the learned District and Sessions Judge, Faridabad.

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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-36522-2024 (O&M) -2-

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A perusal of the above said report would show that the petitioner 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 petitioner. The petitioner has never been declared as proclaimed offender. The petitioner and respondent No.2 are the only party to the compromise.

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Learned State counsel 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 petitioner.

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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, Faridabad, this Court finds that the matter has been amicably settled between the petitioner 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

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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-36522-2024 (O&M) -3-

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alone.

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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 petition is allowed; and FIR No. 0190 dated 09.08.2022 registered under Sections 323, 34, 354-A, 406, 498-A, 506 IPC at Police Station Women Police Station NIT, Faridabad, District Faridabad, and challan has not been filed under Section 34 IPC, (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of Compromise deed dated 27.05.2024 (Annexure P-2), are ordered to be quashed qua the petitioner.

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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

Sumit Nasa v. State of Haryana and Another

Case brief

What is this about?

What the court decided

Sumit Nasa v. State of Haryana and Another

Case brief

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What the court decided

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