Punjab-Haryana High Court
Mohit Shivkumar Gupta vs State Of Haryana And Anr on 6 September, 2018
Author: H.S. Madaan
Bench: H.S. Madaan
CRM-M-17715-2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-17715-2017
Decided on: 06.09.2018
Mohit Shivkumar Gupta .... Petitioner
Versus
State of Haryana and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present: Mr. K.M. Vohra, Advocate,
for the petitioner.
Mr. Brijesh Sharma, AAG, Haryana.
None for respondent No.2.
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H.S. MADAAN, J (ORAL)
Petitioner - Mohit Shivkumar Gupta has brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 01 dated 02.01.2016, for offences under Sections 323, 406, 498-A and 506 of IPC, registered at Police Station Women, District Panchkula, against him, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between him and complainant Archita Babbar - arrayed as respondent No.2.
When the petition came up for hearing on 19.05.2017, notice of motion was ordered to be issued. 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.
1 of 3 ::: Downloaded on - 07-10-2018 04:41:21 ::: CRM-M-17715-2017 2 Report has been received from Additional Chief Judicial Magistrate, Panchkula, through District and Sessions Judge, Panchkula, in terms of which complainant Archita Babbar and accused, namely, Mohit Shivkumar Gupta 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 the accused, in original, have been annexed.
I have heard learned counsel for the petitioner, 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"."
2 of 3 ::: Downloaded on - 07-10-2018 04:41:21 ::: CRM-M-17715-2017 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.
It is stated that challan has been filed in the Court. Learned counsel for the petitioner states that marriage between the spouses has since been dissolved by a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act vide order dated 03.03.2017.
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 is hereby quashed.
(H.S. MADAAN)
JUDGE
06.09.2018
Dinesh
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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