CRM-M-1484 of 2018(OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-1484 of 2018 (OM)
Date of Decision:17.04.2018

Mandeep Singh
…… Petitioner

Versus

State of Punjab and another
…… Respondents

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Neeraj Madaan, Advocate
the petitioner.

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

any manner.

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
justice”.

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.

[LISA GILL]
17.04.2018 Judge
s.khan

Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No.

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