Allowed

Vikas and Others v. State of Haryana and Another

Punjab & Haryana HC9 May 2024CRM-M/6153/2024

Case brief

AI extract

What is this about?

Petition to quash an FIR for offences including Sections 354/354-A IPC on the basis of a compromise between the parties. The magistrate verified the compromise as genuine and voluntary; the State raised no objection. Following Kulwinder Singh and Gian Singh, the FIR and proceedings were quashed qua the petitioners.

What did the court decide?

FIR No. 792 dated 15.09.2023 (PS City Hisar) and all subsequent proceedings quashed qua petitioners on basis of compromise.

Vikas and Others Vs State of Haryana and Another — Quashing and FIR | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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236

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CRM-M-6153-2024 Date of Decision: 09.05.2024

Vikas and others

.… Petitioners

Versus

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. Manjit Singh Gahlawat, Advocate for Mr. Mohan Singla, Advocate for the petitioners.

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

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Mr. J.S.Thind, Advocate for respondent No. 2.

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NIDHI GUPTA, J. (ORAL)

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The petitioners have filed the present petition under Section 482 Cr.P.C., for quashing of FIR No. 792 dated 15.09.2023 registered under Sections 323/34/354/354-A IPC, 1860 at Police Station City Hisar, District Hisar (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise dated 09.01.2024 (Annexure P-2) effected between the parties.

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Pursuant to the order dated 05.02.2024 passed by this Court, the parties appeared before the learned Chief Judicial Magistrate, Hisar, to get their statements recorded. Learned Chief Judicial Magistrate, Hisar has submitted her report along with statements of the parties vide letter dated 26.02.2024 duly forwarded by the learned District and Sessions Judge, Hisar.

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DIVYANSHI 2024.05.10 15:20 I attest to the accuracy and integrity of this document

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A perusal of the above said report would show that initially three persons were arrayed as accused in the present FIR, namely Vikas son of Ramesh, Neelam wife of Ramesh and Pratibha daughter of Ramesh but challan was presented against two persons only i.e. Vikas and Neelam as accused Pratibha was found innocent during investigation. The petitioners and respondent No. 2 suffered statements with respect to the compromise, which have been found to be valid, genuine, voluntary and without any coercion or undue influence. The petitioners are not involved in any other case.

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Learned counsel for the petitioners submits that as per report, petitioners and respondent No. 2 are the only party to the compromise and have never been declared as proclaimed offenders.

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Reply by way of affidavit of the Deputy Superintendent of Police, Detective, Hisar dated 02.05.2024 on behalf of respondent No. 1- State of Haryana filed in Court today is taken on record.

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Learned State counsel has stated that he has ‘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 Chief Judicial Magistrate, Hisar, this Court finds that the matter has been amicably settled between the petitioners and respondents 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

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DIVYANSHI 2024.05.10 15:20 I attest to the accuracy and integrity of this document

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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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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-inbelow:-

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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. 792 dated 15.09.2023 registered under Sections 323/34/354/354-A IPC, 1860 at Police Station City Hisar, District Hisar (Annexure P-1) and all subsequent proceedings arising

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DIVYANSHI 2024.05.10 15:20 I attest to the accuracy and integrity of this document

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therefrom, on the basis of compromise dated 09.01.2024 (Annexure P-2),

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are ordered to be quashed qua the petitioners.

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09.05.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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DIVYANSHI 2024.05.10 15:20 I attest to the accuracy and integrity of this document

Vikas and Others v. State of Haryana and Another

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Vikas and Others v. State of Haryana and Another

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