ANKIT ALIAS ANKIT YADAV v. STATE OF HARYANA AND ANR
Court: High Court of Punjab and Haryana
Bench: MR. JUSTICE NAMIT KUMAR
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2025-08-11. ANKIT ALIAS ANKIT YADAV v. STATE OF HARYANA AND ANR. Read the judgment and case details on...
Judgment text
262. IN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHCHANDIGARH CRM-M-19028-2025 Date of decision: 11. 08. 2025 Ankit @ Ankit YadavAnkit @ Ankit Yadav .... Petitioner Versus State of Haryana and anotherHaryana and another .... Respondents CORAM: HON’BLE MR. JUSTICE NAMIT KUMARNAMIT KUMAR Present: Mr. Pradeep Bhardwaj, Advocate forMr. Pradeep Bhardwaj, Advocate for Mr. L. K. Gollen, Advocate for the petitioner. Mr. Ramender Singh Chauhan, AAG, Haryana. Mr. Ramender Singh Chauhan, AAG, Haryana. Mr. Raghav, Advocate for the respondent No. 2. ------ NAMIT KUMARNAMIT KUMAR, J. (ORAL) 1.
The present petition has been filed by the petitioner underThe present petition has been filed by the petitioner underThe present petition has been filed by the petitioner under Section 482482 of Code of Criminal Procedure, 1973 for quashing of FIRCode of Criminal Procedure, 1973 for quashing of FIRCode of Criminal Procedure, 1973 for quashing of FIR No. 12, dated, dated 07. 02. 2022, registered under Section, registered under Sections 323, 406, 498-A andA and 506 of IPC, at, at Women Police Station, District Rewari (Annexure P, District Rewari (Annexure P-1) and and allallallall other other other other consequential proceedings consequential proceedings consequential proceedings consequential proceedings arising arising arising arising therefrom on therefrom on therefrom on therefrom on the the the the basis of basis of basis of basis of compromisecompromise dated dated 19. 03. 2025. 03. 2025 (Annexure (Annexure P P-2)2) executed executed between between the the parties. 2.
Learned counsel for the parties submits that the present FIRparties submits that the present FIRparties submits that the present FIR may be quashed as the parties have amicably settled the dispute. may be quashed as the parties have amicably settled the dispute. may be quashed as the parties have amicably settled the dispute. 3. During the course of preliminary hearing, the trial Court wasDuring the course of preliminary hearing, the trial Court wasDuring the course of preliminary hearing, the trial Court was directed to record the statements of all the concerneddirected to record the statements of all the concerneddirected to record the statements of all the concerned parties, with regard to parties, with regard to the genuineness and validity of the compromise by this Court. the genuineness and validity of the compromise by this Court. the genuineness and validity of the compromise by this Court. 4. In compliance thereof, report dated 07pliance thereof, report dated 07. 05.
2025 from learned. 05. 2025 from learned ChiefChief Judicial Judicial Magistrate, Magistrate, Rewari,,, has been has been has been received through learned received through learned received through learned District and Sessions Judge,District and Sessions Judge, Rewari, with statements of the parties, in, with statements of the parties, in, with statements of the parties, in which, it has been mentioned that the compromise is genuine and there waswhich, it has been mentioned that the compromise is genuine and there waswhich, it has been mentioned that the compromise is genuine and there waswhich, it has been mentioned that the compromise is genuine and there was no undue influence or coercion from any side. no undue influence or coercion from any side. no undue influence or coercion from any side. 5.
The Hon'ble Full Bench of this Court in caseThe Hon'ble Full Bench of this Court in case Kulwinder Singh Kulwinder Singh Versus State of Punjab and anoVersus State of Punjab and another, 2007(3) RCR (Criminal) 1052ther, 2007(3) RCR (Criminal) 1052 and and Hon'ble Division Bench of this Court in caseHon'ble Division Bench of this Court in caseHon'ble Division Bench of this Court in case Sube Singh and another Sube Singh and another Versus State of Haryana and another, 2013(4) RCR (Criminal) 102Versus State of Haryana and another, 2013(4) RCR (Criminal) 102Versus State of Haryana and another, 2013(4) RCR (Criminal) 102Versus State of Haryana and another, 2013(4) RCR (Criminal) 102 observedobservedobservedobserved that that that that compounding compounding compounding compounding of of of of offence offence offence offence can can can can be be be be allowed allowed allowed allowed even even even even after after after after conviction, during procconviction, during proceedings of the appeal against conviction pending ineedings of the appeal against conviction pending ineedings of the appeal against conviction pending in Sessions Court and in cases involving nonSessions Court and in cases involving non-compoundable offence.
compoundable offence. 6. An identical question came to be decided by Hon'ble SupremeAn identical question came to be decided by Hon'ble SupremeAn identical question came to be decided by Hon'ble Supreme Court in caseCourt in case Gian Singh Versus State of Punjab and another, 2012(4)Gian Singh Versus State of Punjab and another, 2012(4)Gian Singh Versus State of Punjab and another, 2012(4) RCR (Criminal) 543Criminal) 543. Having interpreted the relevant provisions, it was. Having interpreted the relevant provisions, it was. Having interpreted the relevant provisions, it was ruled as under:ruled as under:- “57. 57. 57.
The The The position position position that that that emerges emerges emerges from from from the the the above above above discussion can be summarised thus: the power of thediscussion can be summarised thus: the power of thediscussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR orHigh Court in quashing a criminal proceeding or FIR orHigh Court in quashing a criminal proceeding or FIR or complaint in exerciseee of of of its its its inherent inherent inherent jurisdiction jurisdiction jurisdiction is is is distinct and different from the power given to a criminaldistinct and different from the power given to a criminaldistinct and different from the power given to a criminal -2025 - 3 - court for compounding the offences under Section 320court for compounding the offences under Section 320court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with noof the Code.
Inherent power is of wide plenitude with noof the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accordstatutory limitation but it has to be exercised in accordstatutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) towith the guideline engrafted in such power viz; (i) towith the guideline engrafted in such power viz; (i) to secure the ends of justice or (iisecure the ends of justice or (ii) to prevent abuse of the) to prevent abuse of the process of any Court. In what cases power to quash theprocess of any Court. In what cases power to quash theprocess of any Court. In what cases power to quash the criminal proceeding orcriminal proceeding orcriminal proceeding or complaint or F. I. R. complaint or F. I. R. complaint or F. I. R.
may may may be be be exercised where the offender and victim have settledexercised where the offender and victim have settledexercised where the offender and victim have settled theirtheirtheir dispute dispute dispute would would would depend depend depend on on on the the the facts facts facts and and and circumstances of each case acircumstances of each case and no category can bend no category can be prescribed. However, before exercise of such power, theprescribed. However, before exercise of such power, theprescribed. However, before exercise of such power, the High Court must have due regard to the nature andHigh Court must have due regard to the nature andHigh Court must have due regard to the nature and gravity of the crime. Heinous and serious offences ofgravity of the crime. Heinous and serious offences ofgravity of the crime.
Heinous and serious offences of mental depravity or offences like murder, rape, dacoity,mental depravity or offences like murder, rape, dacoity,mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victimttingly quashed even though the victimttingly quashed even though the victim or victim's family and the offender have settled theor victim's family and the offender have settled theor victim's family and the offender have settled the dispute. Such offences are not private in nature anddispute. Such offences are not private in nature anddispute. Such offences are not private in nature and havehavehave serious serious serious impact impact impact on on on society. society. society.
Similarly, Similarly, Similarly, any any any compromise between the victim and offender in relationcompromise between the victim and offender in relationcompromise between the victim and offender in relation to the offences under special statutes like Prevention offences under special statutes like Prevention offences under special statutes like Prevention of CorruptionCorruptionCorruption Act Act Act or or or the the the offences offences offences for for for any any any basis basis basis for for for quashing criminal proceedings involving such offences. quashing criminal proceedings involving such offences. quashing criminal proceedings involving such offences.
But the criminal cases having overwhelmingly and preBut the criminal cases having overwhelmingly and pre--dominatingly civil flavour stand on different footdominatingly civil flavour stand on different footing foring for thethethe purposes purposes purposes of of of quashing, quashing, quashing, particularly particularly particularly the the the offences offences offences arising from commercial, financial, mercantile, civil,arising from commercial, financial, mercantile, civil,arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offencespartnership or such like transactions or the offencespartnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or thearising out of matrimony relating to dowry etc. or thearising out of matrimony relating to dowry etc.
or the family disputes where the wrongfamily disputes where the wrong is basically private or is basically private or personnel in nature and the parties have resolved theirpersonnel in nature and the parties have resolved theirpersonnel in nature and the parties have resolved their entire dispute. In this category of cases, High Court mayentire dispute. In this category of cases, High Court mayentire dispute.
In this category of cases, High Court may quash criminal proceedings if in its view, because of thequash criminal proceedings if in its view, because of thequash criminal proceedings if in its view, because of the compromisecompromise between between the the offen offenderder and and victim, victim, the the possibilitypossibilitypossibility of of of conviction conviction conviction is is is remote remote remote and and and bleak bleak bleak and and and continuation of criminal case would put accused tocontinuation of criminal case would put accused tocontinuation of criminal case would put accused to great oppression and prejudice and extreme injusticegreat oppression and prejudice and extreme injusticegreat oppression and prejudice and extreme injustice would be caused to him by not quashing the criminalwould be caused to him by not quashing the criminalwould be caused to him by not quashing the criminal casecase despite despite full full and and complete complete settlement settlement and and compromise with the victim.
In other words, the Highcompromise with the victim. In other words, the Highcompromise with the victim.
In other words, the High Court must consider whether it would be unfair orCourt must consider whether it would be unfair orCourt must consider whether it would be unfair or contrary to the interest of justice to continue with thecontrary to the interest of justice to continue with thecontrary to the interest of justice to continue with the criminal proceeding or continuation of the criminalcriminal proceeding or continuation of the criminalcriminal proceeding or continuation of the criminal proceeding would tantamountproceeding would tantamount to abuse of process of law to abuse of process of law despite settlement and compromise between the victimdespite settlement and compromise between the victimdespite settlement and compromise between the victim andandand wrongdoer wrongdoer wrongdoer and and and whether whether whether to to to secure secure secure the the the ends ends ends of of of justice, it is appropriate that criminal case is put to anjustice, it is appropriate that criminal case is put to anjustice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is inend and if the answer to the above question(s) is inend and if the answer to the above question(s) is in affirmative, the High Court shall be well within itsHigh Court shall be well within itsHigh Court shall be well within its jurisdiction to quash the criminal proceeding.
”jurisdiction to quash the criminal proceeding. ” 7. The same view has been reiterated by the Apex Court in caseThe same view has been reiterated by the Apex Court in caseThe same view has been reiterated by the Apex Court in case Narinder Singh and others Versus State of Punjab and another, 2014(2)Narinder Singh and others Versus State of Punjab and another, 2014(2)Narinder Singh and others Versus State of Punjab and another, 2014(2)Narinder Singh and others Versus State of Punjab and another, 2014(2) RCR (Criminal) 482RCR (Criminal) 482. 8.
Having regard to the contentions of learned counsel for theHaving regard to the contentions of learned counsel for theHaving regard to the contentions of learned counsel for the parties and the fact that both the parties to the litigation have entered intoparties and the fact that both the parties to the litigation have entered intoparties and the fact that both the parties to the litigation have entered intoparties and the fact that both the parties to the litigation have entered into compromise and on that basis, the present petition under Sectioncompromise and on that basis, the present petition under Sectioncompromise and on that basis, the present petition under Section 482 of 482 of Code of Criminal ProcedureCode of Criminal Procedure has been filed forhas been filed for quashing the present FIR. quashing the present FIR.
TheTheTheThe compromise compromise compromise compromise has has has has been been been been arrived arrived arrived arrived at at at at with with with with the the the the intervention intervention intervention intervention of of of of the the the the respectables and family members and the parties have decided to keeprespectables and family members and the parties have decided to keeprespectables and family members and the parties have decided to keep harmony between them and to live peacefully in future. Hence, itharmony between them and to live peacefully in future. Hence, itharmony between them and to live peacefully in future. Hence, it would be would be in the interest of justice that parties are allowed to compromise the matter. in the interest of justice that parties are allowed to compromise the matter. in the interest of justice that parties are allowed to compromise the matter. in the interest of justice that parties are allowed to compromise the matter.
Moreover, learned counsel for the parties areMoreover, learned counsel for the parties areMoreover, learned counsel for the parties are ad idem that, in view of the that, in view of the settlement of disputes between the parties, the present petition deserves tosettlement of disputes between the parties, the present petition deserves tosettlement of disputes between the parties, the present petition deserves tosettlement of disputes between the parties, the present petition deserves to be accepted in thbe accepted in this context. 9. In view of above, the instant petition is allowed. Consequently,In view of above, the instant petition is allowed. Consequently,In view of above, the instant petition is allowed. Consequently, the impugnedthe impugned FIR No. 12, dated 07. 02. 2022, registered under Sections 323,FIR No. 12, dated 07. 02. 2022, registered under Sections 323,FIR No. 12, dated 07. 02.
2022, registered under Sections 323, 406, 498-A and 506 of IPC, at Women Police Station, District RewariA and 506 of IPC, at Women Police Station, District RewariA and 506 of IPC, at Women Police Station, District RewariA and 506 of IPC, at Women Police Station, District Rewari (Annexure P(Annexure P-1) and all other consequential proceedings arising therefromequential proceedings arising therefromequential proceedings arising therefrom are hereby quashed, on the basis ofare hereby quashed, on the basis of compromise, qua the petitionercompromise, qua the petitioner only. (NAMIT KUMAR) JUDGE 11. 08. 2025 himanshu Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
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