Read Order: Ajay Dhariwal @ Ajay and Another v. State of Haryana and Another

Monika Rahar

Chandigarh, June 16, 2022: The Punjab and Haryana High Court has recently held that when the parties have entered into a compromise, then the continuation of the proceedings would be merely an abuse of the process of the Court and by allowing and accepting the prayer of the petitioners for quashing the FIR would be securing the ends of justice, which is primarily the object of the legislature enacting under Section 482 Cr.P.C.

The Bench of Justice Rajesh Bhardwaj was dealing with a petition filed under Section 482 Cr.P.C. praying for quashing of an FIR registered under Sections 344, 498-A, 506 of IPC along with subsequent proceedings arising therefrom on the basis of compromise. 

The FIR in question was registered by the complainant and the investigation commenced thereon. However, eventually, the parties arrived at a settlement and they resolved their inter-se dispute, which was apparent from the compromise. 

On the basis of the compromise, the petitioners were invoking the inherent power of the High Court by praying that continuation of these proceedings would be a futile exercise and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice. 

The compromise was held by the Judicial Magistrate Ist Class, Jhajjar to be entered into voluntarily and the accused was not declared proclaimed offender in this case. It was also submitted in the report that the second petitioner was not arrayed as an accused and she was kept in the second Column by the police. 

At the very outset, the Court observed that 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 the Cr.P.C. or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 

Keeping in view the nature of offences allegedly committed and the fact that both the parties amicably settled their dispute, the Court was of the opinion that the continuation of criminal prosecution would be a futile exercise. 

In this background, the Court expounded that applying the law settled by the Supreme Court in a plethora of judgments, it is apparent that when the parties have entered into a compromise, the continuation of the proceedings would be merely an abuse of the process of the Court and by allowing and accepting the prayer of the petitioners by quashing the FIR would be securing the ends of justice, which is primarily the object of the legislature enacting under Section 482 Cr.P.C.

As a result, the Court found that the case in hand fell within the ambit and parameters settled by judicial precedents and hence, the FIR under Sections 344, 498-A, 506 of IPC, registered at Police Station Women Jhajjar, District Jhajjar along with consequential proceedings arising therefrom were quashed on the basis of the compromise. 

The petition was allowed.

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