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Bhavik Jain vs Ut Of Chandigarh And Anr on 11 July, 2018

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.

****
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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CRM-M-29909-2017 2

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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CRM-M-29909-2017 3

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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