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Bohar Singh And Ors vs State Of Punjab And Anr on 3 July, 2018

CRM-M-13789-2018 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-13789-2018
Date of Decision :- 03.07.2018

Bohar Singh and others …Petitioners
Versus
State of Punjab and another …Respondents

CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Kashish Garg, Advocate,
for the petitioners.

Mr. Rakeshinder Singh Sidhu, AAG, Punjab.

Mr. Gurbir Singh Sandhu, Advocate,
for the complainant-respondent No.2.

****
H.S. MADAAN, J. (ORAL)

Petitioners – Bohar Singh and others have brought the instant petition

under Section 482 Cr.P.C. for quashing of FIR No. 0071 dated 26.04.2017, for

offences under Sections 498A, 406, 506 and 34 of IPC, registered at Police

Station City Faridkot, against them, alongwith consequential proceedings arising

therefrom, on the basis of compromise, stated to have been effected between them

and complainant Ravinder Kaur – arrayed as respondent No.2.

When the petition came up for hearing on 04.04.2018, notice of

motion was ordered to be issued. Mr. Gurbir Singh Sandhu, Advocate, had put in

appearance. 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-13789-2018 2

Report has been received from Chief Judicial Magistrate, Faridkot,

through District and Sessions Judge, Faridkot, in terms of which complainant-

Ravinder Kaur and accused, namely, Bohar Singh, Rajinder Kaur, Sarabjeet Kaur

and Surjeet 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, 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 all the accused, in original, have been annexed.

I have heard learned counsel for the petitioners 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-13789-2018 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.

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
03.07.2018
Dinesh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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