Kanwarpal Tiwari Alias Kumarpal Tivari Vs State of Haryana and Another

Prayer in this petition filed under Section 528 of BNSS is for quashing of FIR No.673 dated 02.09.2016, under Sections 354-D and 506 IPC, registered at Police Station Sector 7, Faridabad along with all the subsequent proceedings arising therefrom on the basis of compromise dated 30.05.2024 (Annexure P-2) arrived at between the parties.

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Heard learned counsel for the parties and also gone through the case file.

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Vide order dated 25.02.2025, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise.

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Pursuant to the aforesaid order, report dated 29.04.2025 has

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JANKI BHATT 2025.05.09 16:44 I attest to the accuracy and integrity of this document High Court Chandigarh

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CRM-M-7325-2025 (O&M)

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been received from learned Additional Chief Judicial Magistrate, Faridabad. A perusal of the said 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.

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The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052 , held that High Court has power under Section 482 Cr.P.C. to allow the compounding of noncompoundable offence and quash the prosecution where the High Court is of the view that the same was 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 the Supreme Court in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 , had 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 reads thus:-

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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.

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Inherent power is of wide plenitude with no statutory limitation but

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JANKI BHATT 2025.05.09 16:44 I attest to the accuracy and integrity of this document High Court Chandigarh

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CRM-M-7325-2025 (O&M)

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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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xxx xxx xxx. ”

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In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioner and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed.

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Resultantly, the present petition is allowed and FIR No. 673 dated 02.09.2016, under Sections 354-D and 506 IPC, registered at Police Station Sector 7, Faridabad is quashed qua the petitioner on the basis of compromise dated 30.05.2024 (Annexure P-2), subject to payment of Rs.10,000/- to be deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month .

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Pending application(s), if any, shall also stand(s) disposed of accordingly.

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05.05.2025 (KIRTI SINGH) Janki JUDGE

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

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JANKI BHATT 2025.05.09 16:44 I attest to the accuracy and integrity of this document High Court Chandigarh

Kanwarpal Tiwari Alias Kumarpal Tivari v. State of Haryana and Another

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Kanwarpal Tiwari Alias Kumarpal Tivari v. State of Haryana and Another

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