CRM-M No. 43969 of 2016 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No. 43969 of 2016
DATE OF DECISION :- July 09, 2018
Bhupinder Singh …Petitioner
Versus
State of Punjab and another …Respondent
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Ms. Manjeet Kaur, Advocate
for Mr. Karanjit Singh, Advocate for the petitioner.
Mr. Dhruv Dayal, Sr. DAG, Punjab.
Mr. I.S. Dhaliwal, Advocate for respondent no.2.
***
Petitioner – Bhupinder Singh has brought the instant petition
under Section 482 Cr.P.C. for quashing of FIR No. 65 dated 7.7.2015, for
offences under Sections 498A, 406, 313, 120B IPC, registered at Police
Station Kotbhai, District Sri Muktsar Sahib, against him, alongwith
consequential proceedings arising therefrom, on the basis of compromise,
stated to have been effected between him and complainant Karamjit Kaur-
arrayed as respondent No.2.
When the petition came up for hearing on 8.12.2016, notice of
motion was ordered to be issued. The respondent No. 1 – State of Punjab
through State counsel, whereas respondent No.2 through Mr. I.S. Dhaliwal,
Advocate had put in appearance. Then in light of the contention that parties
have since effected compromise, they were directed to put in appearance
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CRM-M No. 43969 of 2016 2
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.
Report has been received from Judicial Magistrate, Ist Class,
Gidderbaha, in terms of which complainant Karamjeet Kaur and accused,
namely, Bhupinder Singh, 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, coercion 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 have been annexed.
I have heard learned counsel for the petitioner, learned State
counsel, besides going through the record.
Marriage between the parties dissolved by a decree of divorce
by mutual consent. Cancellation report against the petitioner has been filed.
The challan is yet to be filed. 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
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CRM-M No. 43969 of 2016 3qua 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 care and caution. Though there is no
statutory bar which can effect the inherent power of High Court under
Section 482 Cr.P.C.
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
July 09, 2018
p.singh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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