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Rajinder Vaid And Others vs State Of Punjab And Others on 3 July, 2018

CRM-M-42385-2017 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-42385-2017
Date of Decision :- 03.07.2018

Rajinder Vaid and others …Petitioners
Versus
State of Punjab and others …Respondents

CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Arnav Kumar Sood, Advocate, for
for the petitioners.

Mr. Rakeshinder Singh Sidhu, AAG, Punjab.

None for respondents No.2 and 3.

****
H.S. MADAAN, J. (ORAL)

Petitioners – Rajinder Vaid and others have brought the instant

petition under Section 482 Cr.P.C. for quashing of FIR No.94 dated 11.09.2013,

for offences under Sections 406 and 498A of IPC, registered at Police Station City

Women Cell, Ludhiana, against them, alongwith consequential proceedings

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

between them and complainants Anchal and Subhash Chander Kundra @ Ketty –

arrayed as respondents No.2 and 3.

When the petition came up for hearing on 09.11.2017, notice of

motion was ordered to be issued. Mr. Varun Parkash, Advocate, had put in

appearance on behalf of respondents No.2 and 3. 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.

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CRM-M-42385-2017 2

Report has been received from Judicial Magistrate 1st Class,

Ludhiana, through District and Sessions Judge, Ludhiana, in terms of which

complainants – Anchal and Subhash Chander Kundra @ Ketty and accused,

namely, Rajinder Vaid, Mamta Vaid, Ravi and Deepak 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, threat

or undue influence. Further complainants have stated that they have 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 complainants and all the accused,

in original, have been annexed.

I have heard learned counsel for the petitioners 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 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”.”

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CRM-M-42385-2017 3

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
03.07.2018
Dinesh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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