Harjinder Kaur Alias Jinder Vs State of Punjab… — Cheating and Forgery | Punjab & Haryana HC (2025)

Harjinder Kaur Alias Jinder Vs State of Punjab… — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; FIR No. 189 dated 19.12.2021 (Annexure P-1) and all subsequent proceedings arising therefrom quashed qua the petitioner in view of the compromise dated 04.12.2024 (Annexure P-2).

Issue for consideration

Whether FIR No. 189 dated 19.12.2021, registered at Police Station Garhshankar, District Hoshiarpur under Sections 418, 420, 120-B and 506 IPC, and all subsequent proceedings arising therefrom, should be quashed qua the petitioner in view of the compromise dated 04.12.2024 effected between the parties. +1 more

Court's answer

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 appear to be no chances of conviction.

Ratio / Principle

FIR No. 189 dated 19.12.2021 under Sections 418, 420, 120-B and 506 IPC registered at Police Station Garhshankar, District Hoshiarpur, Punjab, and all subsequent proceedings arising therefrom are quashed qua the petitioner in view of the compromise dated 04.12.2024 affected between the parties.

Detailed headnote1 paragraphs

Punjab and Haryana High Court, CRM-M-3901-2025, decided 15.05.2025 (Sandeep Moudgil J., oral): Petition under Section 528 BNSS of 2023 by Harjinder Kaur alias Jinder seeking quashing of FIR No. 189 dated 19.12.2021 (Annexure P-1), lodged under Sections 418, 420, 120-B and 506 IPC at Police Station Garhshankar, District Hoshiarpur, Punjab, and all subsequent proceedings arising therefrom qua her, on the basis of the compromise dated 04.12.2024 (Annexure P-2) effected between the parties. Vide order dated 24.04.2025 the parties were directed to appear before the Illaqa Magistrate/Trial Court; the Judicial Magistrate First Class, Garshankar reported on 06.05.2025 that the compromise was genuine, voluntary and without coercion or undue influence; counsel for respondents No. 2 and 3 raised no objection. Relying on the Full Bench principles in Kulwinder Singh and others v. State of Punjab, 2007 (3) RCR (Criminal) 1052 (quoted in the judgment, and noted as approved by the Hon'ble Supreme Court in Gian Singh, (2012) 10 SCC 303, with broad principles for exercising inherent powers summarised in Parbatbhai Aahir, (2017) 9 SCC 641), the Court held that continuation of proceedings would serve no useful purpose, waste judicial time and leave no chances of conviction; accordingly it quashed the FIR and subsequent proceedings qua the petitioner and allowed the petition.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-3901-2025 DECIDED ON: 15.05.2025

HARJINDER KAUR ALIAS JINDER

.....PETITIONER(s)

VERSUS

STATE OF PUNJAB AND OTHERS

.....RESPONDENT(s)

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. G.S. Randhawa, Advocate for the petitioner.

Mr. Sandeep Singh, AAG, Punjab.

Mr. Vivek Singh, Advocate for Mr. Harvinder Singh, Advocate for respondents No. 2 and 3.

SANDEEP MOUDGIL, J (ORAL)

This is a petition under Section 528 BNSS of 2023, with a prayer for quashing of the FIR No.189, dated 19.12.2021,, (Annexure P-1), under Sections 418, 420, 120-B, 506 IPC of 1860, registered at Police Station Garhshankar, District Hoshiarpur, Punjab, and all Subsequent proceedings arising therefrom qua the present petitioner in the view of the compromise dated 04.12.2024, (Annexure P-2), affected between the parties.

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

Anuradha 2025.05.18 22:05 I attest to the accuracy and integrity of this document

CRM-M-3901-2025

2

Vide order dated 24.04.2025, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for.

The report dated 06.05.2025 has been received from Judicial Magistrate First Class, Garshankar, stating that the parties have entered into a compromise, which is genuine, voluntary and without any coercion or undue influence.

Learned counsel for respondents No.2 and 3 submits that he has no objection if the petition is allowed.

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

“ 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.

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

Anuradha 2025.05.18 22:05 I attest to the accuracy and integrity of this document

CRM-M-3901-2025

3

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 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 '.

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.

In view of above, FIR No.189, dated 19.12.2021,, (Annexure P- 1), under Sections 418, 420, 120-B, 506 IPC of 1860, registered at Police Station Garhshankar, District Hoshiarpur, Punjab, and all Subsequent proceedings arising therefrom qua the present petitioner in the view of the compromise dated 04.12.2024, (Annexure P-2) affected between the parties, is quashed qua the petitioner(s).

The present petition is hereby allowed.

15.05.2025 anuradha

(SANDEEP MOUDGIL) JUDGE

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

Anuradha 2025.05.18 22:05 I attest to the accuracy and integrity of this document