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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Arun Singh Pundir – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
1. The present third petition has been filed by the petitioners under Section 482 of Code of Criminal Procedure, 1973 for quashing of FIR No.1020 dated 20.08.2019 (Annexure P-1) registered for the offences punishable under Sections 323, 377, 406, 498-A and 506 of IPC at Police Station Jagadhri City, District Yamuna Nagar, which was got lodged by respondent No.2 (herein) along with all the consequential proceedings emanating therefrom including report dated 01.12.2023 under Section 173 of Cr.P.C. (Annexure P-12) as well as order dated 22.12.2023 (Annexure P-13) passed by ACJM, Jagadhri vide which the petitioners have been charge-sheeted, on the grounds that the continuation of above said proceedings will be an abuse of process of law and will lead to miscarriage of justice. The allegations in the FIR primarily relate to the allegations of harassment on account of dowry and Istridhan related criminal breach of trust.
2. The first petition (for quashing of the FIR in question) was dismissed as withdrawn vide order dated 25.08.2023 by a coordinate Bench of this Court, relevant whereof reads as under:
'5. However, the learned counsel for respondent No.2 sub
The court established that FIRs arising from matrimonial disputes can be quashed if the complainant has benefited from a settlement and is using the legal process to harass the accused.
The court emphasized the need to evaluate the nature and gravity of the offences, the impact on society, and the possibility of conviction when exercising the inherent power under Section 482 of the ....
High Court quashed FIR for non-compoundable non-consensual sexual intercourse offence on victim-accused compromise and her court statement, as conviction remote, trial futile, securing ends of justic....
The main legal point established in the judgment is the wide and unfettered inherent powers of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based o....
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
The main legal point established in the judgment is that once the terms of a settlement have been complied with, the parties are estopped from resiling from the settlement, and court proceedings shou....
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
Compounding of offence – High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of Cr.P.C. does not limit or affect powers under Section 482 ....
The court can quash criminal proceedings in matrimonial disputes when the parties have resolved their entire dispute through compromise, considering the nature and gravity of the crime and its impact....
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