The wide ambit of the inherent power of the High Court under Section 482 of Cr.P.C. to prevent an abuse of the process of any court or to secure the ends of justice, and the principles governing the exercise of powers under Section 482, including the evaluation of whether the ends of justice would justify the exercise of the inherent power and the exceptions for serious offences and economic offences.

JUDGMENT :

AVNEESH JHINGAN, J.

1. The matter is taken up for hearing through video conference due to COVID-19 situation.

CRM-18864 of 2021

2. This is an application for preponing the date of hearing in the main petition which is fixed for 26.10.2021.

3. For the reasons stated in the application, the same is allowed.

4. The date of hearing is preponed from 26.10.2021 to today itself.

5. With the consent of both the parties, the petition is taken on Board. Main petition This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 72 dated 5.12.2018, under Sections 323, 324 and 447 read with Section 34 IPC, registered at Police Station City Morinda, District Rupnagar and all other subsequent proceedings arising therefrom. The quashing is sought on the basis of compromise dated 11.10.2019.

6. Vide order dated 22.10.2019, the parties were directed to appear before the Illaqa Magistrate/trial court for getting their statements recorded.

7. A report dated 9.1.2020 received from Judicial Magistrate Ist Class, Rupnagar is on record. As per the report, there are two more FIRs i.e. FIR No. 159 dated 24.10.2011 under Sections 323, 324, 452, 148 and 149 IPC, FIR No. 7 dated 30.1.2019 under Sections 379, 420 and 34 IPC and DDR No. 15 dated 9.12.2018, under Sections 323 and 427 read with Section 34 IPC against unknown persons. DDR is on the basis of statement of Sukhjeet Singh. Further, it is reported that the matter in the present FIR was compromised by parties of their free will.

8. Learned counsel for the parties are ad idem that the matter with regard to other two FIRs have also been compromised and quashing petitions are pending in this Court.

9. Learned counsel appearing for respondent No. 2-Sukhjeet Singh on instructions submits that in view of the matters having been compromised, nothing survives in the DDR and the same is not being pressed.

10. The root cause of the dispute was the property. The better sense has prevailed over the parties. They have sat together and with the intervention of respectables bridged their differences.

11. 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 non-compoundable 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 para-meters 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.”

The Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, 2017 AIR (SC) 4843 has expounded principles governing the exercise of powers under Section 482 of Cr.P.C. The relevant portion is reproduced as under:-

“15. The broad principles which emer