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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