CRM-M- No. 38756 of 2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
CRM-M- No. 38756 of 2017
DATE OF DECISION :- July 20, 2018
Roktim Mahanta and others …Petitioners
State of Haryana and another …Respondents
CORAM: HON’BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Ravi Malik, Advocate for the petitioners.
Ms. Aditi Girdhar, AAG, Haryana.
Petitioners – Roktim Mahanda and others have brought the instant
petition under Section 482 Cr.P.C. for quashing of FIR No. 174 dated
30.8.2016, for offences under Sections 406, 498A, 34 IPC, registered at Police
Station Women Sector 51, Gurgaon against them, alongwith consequential
proceedings arising therefrom, on the basis of compromise, stated to have been
effected between them and complainant Mona Mahanta- arrayed as respondent
The marriage between the spouses has been dissolved by a decree
of divorce under Section 13B of the Hindu Marriage Act on 20.2.2018.
According to the State counsel, a cancellation report has been prepared which
is yet to be filed in the Court.
When the petition came up for hearing on 13.10.2017, notice of
motion was ordered to be issued. The respondent No. 1 – State of Haryana
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CRM-M- No. 38756 of 2017 2
through State counsel 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/Illaqa Magistrate to get their statements
recorded with regard to compromise and the trial Court/Illaqa Magistrate was
directed to send a report to this Court.
Report has been received from Judicial Magistrate Ist Class,
Gurugram, in terms of which complainant Mona Mahanta and accused,
namely, Roktim Mahanta, Bijita Mahanta, Rajshree Mahanta and Bharti
Mahanta 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 she 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 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 :-
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CRM-M- No. 38756 of 2017 3
“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.
July 20, 2018
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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