CRM-M-1484 of 2018(OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRM-M-1484 of 2018 (OM)
Date of Decision:17.04.2018
State of Punjab and another
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Neeraj Madaan, Advocate
Mr. Sukhbeer Singh, AAG., Punjab.
Mr. J.S.Ghumman, Advocate
for respondent no.2.
LISA GILL, J(Oral).
Prayer in this petition is for quashing of FIR No.189
dated 05.10.2017, under Section 354 IPC, registered at Police Station
Sadar Jalalabad, District Fazilka, along with all other consequential
proceedings arising therefrom on the basis of a compromise arrived at
between the parties.
It is submitted that the above said FIR was registered due
to certain misunderstandings between the parties. The matter has
been amicably resolved and respondent no.2 does not wish to pursue
the matter against the petitioner any longer. It is thus prayed that this
petition be allowed.
This Court on 16.01.2018 directed the parties to appear
before the learned trial court for recording of their statements in
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respect to the above-mentioned compromise. Learned trial court was
directed to submit a report regarding the genuineness of the
compromise, as to whether it has been arrived at out of the free will
and volition of the parties without any coercion, fear or undue
influence. Learned trial court was also directed to intimate whether
the petitioner is absconding/proclaimed offender and whether any
other case is pending against him. Information was sought as to
whether all affected persons are a party to the settlement.
Pursuant to order dated 16.01.2018, the parties appeared
before the learned Judicial Magistrate Ist Class, Jalalabad (West), on
16.02.2018. Respondent No.2 aged 20 years stated that with the
intervention of respectables and Panchayat of the village, the matter
has been amicably resolved with the accused-petitioner. Compromise
deed was tendered as Ex.CX. It is stated that the compromise has
been arrived at out of her own free will, without any fear or pressure
and she has no objection in case the abovesaid FIR against the
petitioner is quashed. Statement of the petitioner in respect to the
settlement was recorded as well.
It is noticed that two persons namely Gurcharan Singh
and Harbhajan Singh, who are admittedly not related to the incident
in question raised an objection against the compromise on the ground
that their religious feelings have been hurt. This fact is duly
mentioned in report dated 13.03.2018 submitted by learned Judicial
Magistrate Ist Class, Jalalabad (West).
As per report dated 13.03.2018, received from the
learned Judicial Magistrate Ist Class, Jalalabad (West), satisfaction is
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expressed that the compromise between the parties is genuine, arrived
at out of the free will of the parties, without any pressure or coercion.
Petitioner is not reported to be a proclaimed offender nor involved in
any other criminal case.
Learned counsel for respondent No.2 affirms and verifies the
factum of settlement between the parties and submits that his client
has no objection to the quashing of the aforementioned FIR against
the petitioner. It is further submitted that the said persons Gurcharan
Singh and Harbhajan Singh, are neither affected persons nor related
to the controversy in hand. Therefore, their objection, if any, is
irrelevant. In case of any grievance, they have separate remedies.
Learned counsel for the State has not raised any serious
objection to the quashing of this FIR on the basis of a settlement
arrived at between the parties. It is verified on instructions of HC
Mukhtiar Singh that Gurcharan Singh and Harbhajan Singh are not
the affected persons in this case and are not related to the matter in
In Kulwinder Singh and others versus State of Punjab
and another 2007 (3) R.C.R. (Criminal) 1052, a five member Bench
of this Court has observed 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
Criminal Procedure Code is used to enhance such a
compromise which, in turn, enhances the social amity
and reduces friction, then it truly is “finest hour of
Keeping in view the facts and circumstances of this case,
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it would be in the interest of justice to quash the above-said FIR as no
useful purpose would be served by continuance of the present
proceedings. It will merely lead to wastage of precious time of the
court and would be an exercise in futility.
This petition is, thus, allowed and FIR No.189 dated
05.10.2017, under Section 354 IPC, registered at Police Station Sadar
Jalalabad, District Fazilka, along with all consequential proceedings
are, hereby, quashed.
Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No.
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