CRM-M-29909-2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-29909-2017
Date of Decision :- 11.07.2018
Bhavik Jain …Petitioner
Versus
U.T. Chandigarh and another …Respondents
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Mohit Jaggi, Advocate, for
Mr. Ashish Sareen, Advocate,
for the petitioner.
Mr. Parveen Chauhan, Advocate, for
Mr. Gagandeep S. Wasu, APP, U.T. Chandigarh.
Mr. Saroj Malakar, Advocate,
for respondent No.2.
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H.S. MADAAN, J. (ORAL)
Petitioner – Bhavik Jain has brought the instant petition under
Section 482 Cr.P.C. for quashing of FIR No.117 dated 09.12.2016, for offences
under Sections 406 and 498A of IPC, registered at Police Station Women,
Chandigarh, against him, alongwith consequential proceedings arising therefrom,
on the basis of compromise, stated to have been effected between him and
complainant Usha Jain – arrayed as respondent No.2.
When the petition came up for hearing on 18.08.2017, notice of
motion was ordered to be issued. Then in light of the contention that parties have
since effected compromise, they were directed to put in appearance before the
trial Court to get their statements recorded with regard to compromise and the trial
Court was directed to send a report to this Court.
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Report has been received from Judicial Magistrate 1st Class,
Chandigarh, through District and Sessions Judge, Chandigarh, in terms of which
complainant-Usha Jain and accused, namely, Bhavik Jain had appeared there and
their statements were recorded, in terms of which they have admitted to have
entered into a voluntary compromise, with free will, without any pressure, threat
or undue influence. Further complainant has stated that she has no objection if the
FIR in question is quashed by this Court. There is nothing on record to doubt the
genuineness of the compromise so arrived at between the parties. It has been
reported that no accused has been declared proclaimed offender in the FIR in
question. Alongwith the report statement of the complainant and the accused, in
original, have been annexed.
I have heard learned counsel for the petitioner and learned State
counsel, besides going through the record.
The dispute between the parties has been resolved amicably, which
appears to have been arrived at between them voluntarily without any threat or
coercion and in terms of ratio of the authority reported as Kulwinder Singh and
others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, where in
para 28, it has been held 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 Cr.P.C.
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”.”
It has been observed that High Court has power to quash prosecution
in order to achieve ends of justice and to prevent abuse of process of law. Though
such powers are unlimited but those are to be exercised sparingly and with utmost
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care and caution. Though there is no statutory bar which can effect the inherent
power of High Court under Section 482 Cr.P.C.
It is stated that challan is yet to be filed and case is at stage of
investigation.
The compromise is in interest of peace and tranquility in the society
and for such like reasons this Court can quash the FIR and ancillary proceedings
exercising power under Section 482 Cr.P.C., it appears to be a fit case to exercise
such powers.
Accordingly, the petition is allowed and the abovesaid FIR alongwith
ancillary proceedings are hereby quashed.
(H.S. MADAAN)
JUDGE
11.07.2018
Dinesh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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