Shashi Kumar Phulia And Others vs State Of Haryana And Another on 21 December, 2017

Criminal Misc. No.M- 12132 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 12132 of 2017 (OM)
Date of decision : December 21, 2017

Shashi Kumar Phulia and others …..Petitioners
Versus

State of Haryana and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Rajesh Dhankhar, Advocate for
Mr. Ashok Kumar Sehrawat, Advocate
for the petitioners.

Mr. Anmol Malik, AAG, Haryana.

Mr. Rahul Makkar, Advocate for respondent No.2.

***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 304 dated

19.11.2014 under Sections 323, 506 IPC (Section 354 IPC added later)

registered at Police Station Chandi Mandir, District Panchkula alongwith

consequential proceedings arising therefrom on the basis of a compromise

dated 01.04.2017 (Annexure P-2).

It is submitted that the abovesaid FIR was registered at the

instance of respondent No.2 due to certain misunderstandings. However,

with the intervention of respectables and elders, all misunderstandings have

been removed. The terms and conditions of the settlement were reduced into

writing on 01.04.2017 (Annexure P-2). The parties wish to live in peace

and harmony and put an end to the acrimony between them. The present

petition has been filed on the basis of this compromise.

This Court on 03.10.2017 directed the parties to appear before

learned trial court for recording their statements in respect to the above-

mentioned compromise. Learned trial court was directed to submit a report

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regarding the genuineness of the compromise, as to whether it has been

arrived at out of the free will and volition of the parties without any

coercion, fear or undue influence. Learned trial court was also directed to

intimate whether any of the petitioners are absconding/proclaimed offenders

and whether any other case is pending against them. Information was

sought as to whether all affected persons are a party to the settlement.

Pursuant to order dated 03.10.2017, the parties appeared before

the learned Judicial Magistrate First Class, Panchkula and their statements

were recorded on 30.11.2017. Respondent No.2 stated that she has

amicably resolved the dispute with all the six petitioners. Written

compromise was tendered as Ex. C1. She further stated that the

compromise has been arrived at out of her own free will, without any

coercion or undue pressure. Respondent No.2 stated that she has no

objection to the quashing of the abovesaid FIR qua the petitioners.

Statements of the affected persons namely Kuldeep, Kajal and Poonam were

also recorded. All the said three persons have clearly stated that the matter

has been amicably resolved out of their own free will, without any kind of

pressure and coercion. They have expressed no objection to the quashing of

the aforementioned FIR against the petitioners. Statements of the petitioners

in respect to the compromise were also recorded.

As per report dated 30.11.2017 received from the learned

Judicial Magistrate First Class, Panchkula, satisfaction is expressed that the

compromise between the parties is genuine, voluntary, arrived at out of their

own free will, without any threat, coercion or undue pressure. None of the

petitioners is reported to be a proclaimed offender. Statements of the parties

are appended alongwith the said report.

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Learned counsel for respondent No.2 reaffirms and verifies the

factum of settlement between the parties. It is reiterated that respondent

No.2 has no objection to the quashing of the abovementioned FIR.

Learned counsel for the State, on instructions from ASI Partap

Singh, submits that as the parties have amicably resolved the matter in order

to maintain peace and harmony, the State has no objection to the quashing

of this FIR on the basis of a settlement arrived at between the parties.

In Kulwinder Singh and others versus State of Punjab and

another 2007 (3) R.C.R. (Criminal) 1052, a five member Bench of this

Court has observed as under:-

“The compromise, in a modern society, is the sine qua
non of harmony and orderly behaviour. It is the soul of justice
and if the power under
Section 482 of the Criminal Procedure
Code is used to enhance such a compromise which, in turn,
enhances the social amity and reduces friction, then it truly is
“finest hour of justice”.

Keeping in view the facts and circumstances of this case, it

would be in the interest of justice to quash the abovesaid FIR as no useful

purpose would be served by continuance of the present proceedings. It will

merely lead to wastage of precious time of the court and would be an

exercise in futility.

This petition is, thus, allowed and FIR No. 304 dated

19.11.2014 under Sections 323, 506 IPC (Section 354 IPC added later)

registered at Police Station Chandi Mandir, District Panchkula alongwith all

consequential proceedings are, hereby, quashed.

(Lisa Gill)
December 21, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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