Allowed

Mandhir Singh v. State of Haryana and Anr.

Punjab & Haryana HC28 Oct 2024CRM-M/48530/2024

Case brief

AI extract

What is this about?

Petition to quash an FIR involving Aadhaar Act, Registration Act and IPC offences after parties reached a compromise verified as genuine by the Chief Judicial Magistrate, Sirsa. Relying on established compromise-quashing principles, the High Court quashed the FIR qua the petitioner.

What did the court decide?

FIR No.0378 dated 16.08.2024 and consequential proceedings quashed qua petitioner on basis of compromise dated 21.09.2024.

Mandhir Singh Vs State of Haryana and Anr. — Quashing and FIR | Punjab & Haryana HC (2024)

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281 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-48530-2024 Date of Decision: October 28, 2024

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MANDHIR SINGH VERSUS

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….Petitioner(s)

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STATE OF HARYANA AND ANR ….Respondent(s)

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CORAM: HON’BLE MR. JUSTICE SANDEEP MOUDGIL

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Present: Mr. Sunil Kumar, Advocate and Ms. Preeti Bansal, Advocate for the petitioner.

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Mr. Surender Singh Pannu, Addl. A.G. Haryana.

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Mr. Rajesh Sethi, Advocate and Mr. Arun Beniwal, Advocate for respondent No.2. ****

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SANDEEP MOUDGIL, J.(ORAL)

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This is a petition under Section 528 of BNSS, 2023 for quashing of FIR No.0378, dated 16.08.2024, under Section 81 of the Registration Act, Sections 34, 35, 36, 37, 38, 39, 40 & 42 of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and Sections 119, 120-B, 166, 166-A, 206, 207, 34, 35, 403, 418, 419, 420, 465, 466, 467, 468 & 471 of IPC, registered at Police Station Civil Lines, Sirsa, Haryana, with all the consequential proceedings arising therefrom, on the basis of compromise dated 21.09.2024 (Annexure P-5).

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During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR.

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Vide order dated 27.09.2024, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for.

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SANGEETA 2024.11.04 10:53 I attest to the accuracy and integrity of this document

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CRM-M-48530-2024

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The report dated 18.10.2024 has been received from Chief Judicial Magistrate, Sirsa, stating that the parties have entered into a compromise, which is genuine, voluntary and without any coercion or undue influence.

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Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052 , has held:-

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“ 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.

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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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SANGEETA 2024.11.04 10:53 I attest to the accuracy and integrity of this document

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CRM-M-48530-2024

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abhorrent to lawful composition of the society or would promote savagery.”

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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

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' 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' .

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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.

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In view of above, FIR No.0378, dated 16.08.2024, under Section 81 of Registration Act, 1908 and Sections 34, 35, 36, 37, 38, 39, 40 & 42 of Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 and Sections 119, 120-B, 166, 166-A, 206, 207, 34, 35, 403, 418, 419, 420, 465, 466, 467, 468 & 471 of IPC, registered at Police Station Civil Lines, Sirsa, Haryana, with all the consequential proceedings arising therefrom, is quashed qua the petitioner, on the basis of compromise dated 21.09.2024 (Annexure P-5).

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The present petition is hereby allowed.

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(SANDEEP MOUDGIL) JUDGE

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28.10.2024 Sangeeta

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Whether reasoned/speaking: Yes/No Whether reportable: Yes/No

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SANGEETA 2024.11.04 10:53 I attest to the accuracy and integrity of this document

Mandhir Singh v. State of Haryana and Anr.

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Mandhir Singh v. State of Haryana and Anr.

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