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 3It 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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