The wide ambit and plenitude of the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice under Section 482 of Cr.P.C.

JUDGMENT

Avneesh Jhingan, J. (Oral). - The matter is taken up for hearing through video conference due to COVID-19 situation.

2. This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 53 dated 10.3.2021, under Sections 420, 468, 471 IPC (Sections 465, 467 and 120-B IPC added later on), registered at Police Station City Phagwara, District Kapurthala and all subsequent proceedings arising therefrom on the basis of compromise dated 30.7.2021.

3. Brief facts are that FIR was lodged by Deepak Nayyar. The complainant had entered a rent agreement for three shops- one on ground floor and two on first floor with one Krishna Devi. Satish Kumar (petitioner) was working as an employee in the complainant's shop. Recital was written in 2013 when the complainant extended financial help to the petitioner. As per the allegations, the petitioner hatched a criminal conspiracy conniving with two persons and they procured false, forged document with a view to grab the property and the goods of the business. In the intervening period, the parties compromised the matter and filed present petition.

4. On 6.8.2021, the parties were directed to appear before the Illaqa Magistrate/trial court for getting their statements recorded with regard to compromise (Annexure P-2).

5. The report dated 23.8.2021 is received stating that the compromise is genuine, voluntary, without any coercion or undue influence. Further that there is only one accused (petitioner herein) and he has not been declared as proclaimed offender.

6. 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 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 everlasting 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.”

7. 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 emerge from the precedents on the subject, may be summarised in the following propositions :

(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;

(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and