Punjab-Haryana High Court
Rohit Arora@Happy vs Ut, Chd. And Ors on 28 October, 2024
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
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281
THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.36512 of 2023
Date of Decision: 28.10.2024
Rohit Arora @ Happy and others
..... Petitioners
Versus
Union Territory, Chandigarh and others
..... Respondents
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
***
Present: Mr. Sourabh, Advocate
for the petitioner.
Ms. Roopse Sharma, Advocate for
Mr. Anil Kumar Lamdharia, Addl. P.P., UT, Chandigarh.
Mr. Sumit Kalyan, Advocate for
Mr. Satish Kumar, Advocate
for respondents No.2 & 3.
***
RAJESH BHARDWAJ, J. (ORAL)
1. Instant petition has been filed praying for quashing of FIR
No.07, dated 08.01.2021, under Sections 147, 148, 149, 324 & 506 of
IPC, 1860, registered at Police Station Sector 39, Chandigarh on the basis
of compromise deed dated 10.04.2023 (Annexure P-2).
2. FIR in question was got registered by complainant-
respondent No.2 and the investigation commenced thereon. However,
with the intervention of respectables, finally the parties arrived at
settlement and they resolved their inter se dispute, which is apparent
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from Compromise Deed, annexed as Annexure P-2. On the basis of the
compromise, the petitioners are invoking the inherent power of this Court
by praying that continuation of these proceedings would be a futile
exercise and an abuse of process of the Court and thus, the complaint in
question and all the subsequent proceedings arising therefrom may be
quashed in the interest of justice.
3. This Court vide order dated 02.08.2024 directed the parties
to appear before the trial Court/Illaqa Magistrate for recording their
statements, as contended before the Court, and the trial Court/Illaqa
Magistrate was also directed to send its report.
4. In pursuance to the same, learned Judicial Magistrate Ist
Class, Chandigarh has sent the report dated 16.10.2024 to this Court.
With the report, he has also annexed the original joint statement of
complainant/respondent No.2-Naveen Kumar and respondent No.3-
Narinder Kumar @ Faggu recorded on 25.09.2024. He has also annexed
the separate original statements of petitioners, namely, Rohit Arora @
Happy, Akash Sachdeva, Pawan Kumar and Govind recorded on
25.09.2024 and also annexed the original statement of SI Som Raj
recorded on 14.10.2024. On the basis of the statements, learned Judicial
Magistrate Ist Class, Chandigarh has concluded in the report that the
compromise effected between the parties is not the result of any pressure
or coercion in any manner. It has been further mentioned that there is no
other accused arrayed in the FIR and none of the accused is declared as
proclaimed offender.
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5. I have heard learned counsel for the parties, perused the
record and the report sent by learned Judicial Magistrate First Class,
Chandigarh.
6. A bare perusal of statutory provision of the 482 Cr.P.C.
would show that the High Court may make such orders, as may be
necessary to give effect to any order under this Code or to prevent abuse
of the process of any Court or otherwise to secure the ends of justice.
Section 320 Cr.P.C. is equally relevant for consideration, which
prescribes the procedure for compounding of the offences under the
Indian Penal Code.
7. Keeping in view the nature of offences allegedly committed
and the fact that both the parties have amicably settled their dispute, the
continuation of criminal prosecution would be a futile exercise. The
Hon’ble Supreme Court in a number of cases including Narinder Singh
and others Versus State of Punjab and another, 2014 (6) SCC 466;
B.S.Joshi and others vs State of Haryana and another (2003) 4
Supreme Court Cases 675 followed by this Court in Full Bench case of
Kulwinder Singh and others Vs. State of Punjab and another, 2007(3)
RCR 1052 have dealt with the proposition involved in the present case
and settled the law.
8. Thereafter, Hon’ble Supreme Court in Gian Singh vs State
of Punjab and another (2012) 10 Supreme Court Cases 303 further
dealt with the issue and the earlier law settled by the Supreme Court for
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quashing of the FIR in State of Haryana vs Bhajan Lal, 1992 Supp (1)
SCC 335. Para 61 of the judgment reads as under:-
“61. 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. In
what cases power to quash the criminal proceeding or complaint
or F.I.R may be exercised where the offender and victim have
settled their dispute would depend on the facts and circumstances
of each case and no category can be prescribed. However, before
exercise of such power, the High Court must have due regard to
the nature and gravity of the crime. Heinous and serious
offences of mental depravity or offences like murder, rape,
dacoity, etc. cannot be fittingly quashed even though the victim or
victim’s family and the offender have settled the dispute. Such
offences are not private in nature and have serious impact on
society. Similarly, any compromise between the victim and
offender in relation to the offences under special statutes like
Prevention of Corruption Act or the offences committed by public
servants while working in that capacity, etc; cannot provide for
any basis for quashing criminal proceedings involving such
offences. But the criminal cases having overwhelmingly and pre-
dominatingly civil flavour stand on a different footing for the
purposes of quashing, particularly the offences arising from
commercial, financial, mercantile, civil, partnership or such like
transactions or the offences arising out of matrimony relating to
dowry, etc. or the family disputes where the wrong is basically
private or personal in nature and the parties have resolved their
entire dispute. In this category of cases, the High Court may
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quash criminal proceedings if in its view, because of the
compromise between the offender and the victim, the possibility
of conviction is remote and bleak and continuation of the
criminal case would put the accused to great oppression and
prejudice and extreme injustice would be caused to him by not
quashing the criminal case despite full and complete settlement
and compromise with the victim. In other words, the High Court
must consider whether it would be unfair or contrary to the
interest of justice to continue with the criminal proceeding or
continuation of the criminal proceeding would tantamount to
abuse of process of law despite settlement and compromise
between the victim and the wrongdoer and whether to secure the
ends of justice, it is appropriate that criminal case is put to an
end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceeding.”
9. Applying the law settled by Hon’ble Supreme Court in
plethora of judgments and this High Court, it is apparent that when the
parties have entered into a compromise, then continuation of the
proceedings would be merely an abuse of process of the Court and by
allowing and accepting the prayer of the petitioners by quashing of the
FIR would be securing the ends of justice, which is primarily the object
of the legislature enacting under Section 482 Cr.P.C.
10. As a result, this Court finds that the case in hand squarely
falls within the ambit and parameters settled by judicial precedents and
hence, FIR No.07, dated 08.01.2021, under Sections 147, 148, 149, 324
& 506 of IPC, 1860, registered at Police Station Sector 39, Chandigarh
along with all subsequent proceedings arising therefrom are hereby
quashed qua the petitioners, namely, Rohit Arora @ Happy, Akash
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Sachdeva, Pawan Kumar and Govind on the basis of compromise deed
dated 10.04.2023 (Annexure P-2). Needless to say that the parties shall
remain bound by the terms and conditions of the compromise and their
statements recorded before the Court below.
11. Petition stands allowed.
(RAJESH BHARDWAJ)
28.10.2024 JUDGE
rittu
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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