In CRM-M-9536-2021-PUNJ HC- Courts are already overburdened; If contesting parties have amicably resolved their issue, then no useful purpose would be served by continuing  proceedings: P&H HC quashes FIR
Justice Jagmohan Bansal [23-01-2023]

Read Order: JOYIL MASIH @ PRINCE vs STATE OF PUNJAB AND ANOTHER

Mansimran Kaur

Chandigarh, January 25, 2023: The High Court, keeping in view the peculiar facts and circumstances of a case and for justifiable reasons can press Section 482Cr.P.C. in aid to prevent abuse of the process of any Court and/or to secure the ends of justice, the Punjab and Haryana High Court has reiterated.

While allowing the instant criminal petition instituted under Section 482 Cr.P.C. for quashing of the FIR under Sections 420 and 376 of IPC, and all other consequential proceedings arising there from, on the basis of compromise/ affidavit,Justice Jagmohan Bansal observed that the continuance of the proceedings in the present case  would just waste valuable judicial time.
 

After considering the submissions from both the sides, the Court placed reliance on the cases namely, Gian Singh Vs. State of Punjab and others,and The State of Madhya Pradesh Vs. Laxmi Narayan and others.  It was further stated that a two Judge Bench of the Supreme Court in Ramgopal and another Vs. State of Madhya Pradesh 2021 SCC  had held that the High Court, keeping in view the peculiar facts and circumstances of a case and for justifiable reasons can press Section 482Cr.P.C. in aid to prevent abuse of the process of any Court and/or to secure the ends of justice.

From the perusal of the enclosed FIR, report of the Trial Court and compromise arrived between the parties, the Bench opined that the contesting parties have amicably resolved their issue, thus, no useful purpose would be served by continuing the proceedings. There appears to be no chance of conviction, the continuance of the proceedings would just waste valuable judicial time and it is a well-known fact that courts are already overburdened. 

In view of above facts and circumstances, the present petition was accordingly allowed.