CRM-M No. 46327 of 2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No. 46327 of 2017
DATE OF DECISION :- September 10, 2018
Hardeep Inder Singh and others …Petitioners
Versus
State of Punjab and others …Respondents
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Sandeep Arora, Advocate for the petitioners.
Mr. Rakeshinder Singh Sidhu, AAG, Punjab.
Mr. Arun Abrol, Advocate for respondents no. 2 and 3.
***
Petitioners – Hardeep Inder Singh and others have brought the
instant petition under Section 482 Cr.P.C. for quashing of FIR No. 123 dated
10.7.2017, for offences under Sections 406, 498A, 328, 120-B IPC, registered
at Police Station City Gurdaspur against them, alongwith consequential
proceedings arising therefrom, on the basis of compromise, stated to have been
effected between them and complainant Jasbir Singh- arrayed as respondent
No.2.
It is stated that the F.I.R. is at the state of investigation. The
marriage between Hardeep Inder Singh Cheema and Amandeep Kaur Cheema
was dissolved by a decree of divorce by mutual consent under Section 13-B of
the Hindu Marriage Act on 24.7.2018.
When the petition came up for hearing on 6.12.2017, notice of motion
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CRM-M No. 46327 of 2017 2
was ordered to be issued. The respondent No. 1 – State of Punjab through State
counsel, whereas respondents No.2 and 3 through Mr. Arun Abrol, 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.
Report has been received from Chief Judicial Magistrate,
Gurdaspur, in terms of which complainant-respondent no. 2 Jasbir Singh,
respondent no. 3 Amandeep Kaur Cheema and accused, namely, Hardeep Inder
Singh, Ranjit Singh, Harjit Kaur, Ramandeep Kaur and Kamalpreet Singh
Grewal 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 he 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 respondents no. 2 and 3 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. 46327 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
September 10, 2018
p.singh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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