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Deepak Aggarwal And Ors vs State Of Punjab And Ors on 20 July, 2018

CRM-M- No. 36197 of 2017 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M- No. 36197 of 2017
DATE OF DECISION :- July 20, 2018

Deepak Aggarwal and others …Petitioners

Versus

State of Punjab and another …Respondents

CORAM: HON’BLE MR. JUSTICE H.S. MADAAN

Present:- Mr. Veneet Sharma, Advocate for the petitioners.

Ms. Samina Dhir, DAG, Punjab.

Mr. Yogesh Goel, Advocate for respondent no. 2.

***

Petitioners – Deepak Aggarwal and others have brought the

instant petition under Section 482 Cr.P.C. for quashing of FIR No. 178 dated

11.5.2010, for offences under Sections 406, 498A, 120-B IPC, registered at

Police Station Sadar, Amritsar against them, alongwith consequential

proceedings arising therefrom, on the basis of compromise, stated to have been

effected between them and complainant Simple Aggarwal- arrayed as

respondent No.2.

The marriage between the spouses has been dissolved by a decree

of divorce under Section 13-B of the Hindu Marriage Act on 17.4.2018. One of

the accused Dharampal Aggarwal has expired on 17.3.2018. It is stated that

challan has been filed and the case is at the stage of recording of prosecution

evidence.

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CRM-M- No. 36197 of 2017 2

When the petition came up for hearing on 28.9.2017, notice of

motion was ordered to be issued. The respondent No. 1 – State of Punjab

through State counsel, whereas respondent no. 2 through Mr. Yogesh Goel,

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/Illaqa Magistrate to get their statements recorded with regard to

compromise and the trial Court/Illaqa Magistrate was directed to send a report

to this Court.

Report has been received from Judicial Magistrate Ist Class,

Amritsar, in terms of which complainant Simple Aggarwal and accused,

namely, Deepak Aggarwal, Chanchal Aggarwal and Ranjan Garg 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 all the accused, in original, have been annexed.

I have heard learned counsel for the petitioners, learned counsel

for respondent no. 2 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

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CRM-M- No. 36197 of 2017 3

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 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 20, 2018
p.singh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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