Petition under Section 482 Cr.P.C. sought quashing of an FIR for offences under Sections 323 and 308/307 IPC on the basis of a compromise. The trial court verified the settlement as genuine. Relying on precedent, the High Court held continuation would serve no purpose and quashed the FIR qua the petitioner.
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CRM-M-5002-2022 (O&M)
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267
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-5002-2022(O&M) Date of Decision : 22.07.2024
SHUNTI
.....Petitioner
Versus
STATE OF HARYANA AND ANR
.....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Sunil Tandon, Advocate for respondent No. 2. (through video conferencing)
KIRTI SINGH, J.(Oral)
CRM-M-5002-2022 (O&M)
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report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence and coercion.
“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
KAVITA NAIN 2024.07.23 10:13 I attest to the accuracy and integrity of this document order/judgment
CRM-M-5002-2022 (O&M)
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such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court.
xxx xxx xxx. ”
22.07.2024 Kavita Nain
(KIRTI SINGH) JUDGE
Whether speaking/reasoned? Yes/No Whether reportable? Yes/No
KAVITA NAIN 2024.07.23 10:13 I attest to the accuracy and integrity of this document order/judgment
1 issue framed by the court
Whether the FIR under Sections 323/308/307 IPC should be quashed on the basis of a genuine compromise between the parties under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of PunjabRelied on¶5
2007 (3) RCR (Criminal) 1052
Gian Singh vs. State of Punjab and anotherRelied on¶6
2012 (4) RCR (Criminal) 543
3 provisions across 2 enactments
Shunti
State of Haryana
Respondent No. 2
Kirti Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
