IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of Decision :- 03.07.2018
Bohar Singh and others …Petitioners
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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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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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
Accordingly, the petition is allowed and the abovesaid FIR alongwith
ancillary proceedings are hereby quashed.
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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