Stenography : Exercise-10

LEGAL DICTATION 

 Due to COVID-19 situation, the Court is convened through video conference.

The application is allowed, subject to all just exceptions. The document annexed with the application is taken on record. CRM-28291 of 2021 This is an application for preponing the date of hearing in the main petition which is fixed for 9.12.2021.

Notice in the application to the non-applicant. Ms. Dimple Jain, AAG, Haryana appearing on advance notice accepts the same and has no objection to the acceptance of the prayer of the applicant.

For the reasons mentioned in the application, the same is allowed. The date of hearing in (100) the main petition is preponed from 9.12.2021 to today.

With the consent of both the parties, the main petition is taken on Board today itself.

Main petition on the basis of compromise quashing of FIR No. 166 dated 17.3.2021, under Sections 323, 325, 341 and 506 IPC, registered at Police 1 of 4 Station Shahabad and all the subsequent proceedings arising therefrom is sought in the present petition.

The FIR was registered at the instance of Gian Chand. As per the allegations, the dispute is with regard to removing of combine from the fields of the complainant, temper flared up (200) and injuries were inflicted.

On 8.4.2021, the parties were directed to appear before the trial Court for getting their statements recorded.

A report dated 6.5.2021 is received from the Sub Divisional Judicial Magistrate, Shahabad stating that compromise is genuine, without any pressure or coercion. It is further stated that the petitioner, as on date, is not declared as Proclaimed Offender.

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 (300) 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. (405)