Punjab-Haryana High Court
Inderjit Singh vs State Of Punjab And Anr on 17 January, 2018
Author: Lisa Gill
Bench: Lisa Gill
CRM-M No.18386 of 2017 -1-
267
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.18386 of 2017
Date of Decision: January 17, 2018
Inderjit Singh alias Sonu
..... Petitioner
Versus
State of Punjab and another
..... Respondents
CORAM: HON'BLE MRS. JUSTICE LISA GILL
Present: Mr. Harpal Singh Sidhu, Advocate
for the petitioner.
Ms. Monika Jalota, DAG, Punjab
for respondent No.1-State.
Mr. Harpreet Singh Jakhal, Advocate
for respondent No.2.
LISA GILL J. (ORAL)
Prayer in this petition is for quashing of FIR Report No.18 dated 07.02.2017 under Sections 452, 323 and 34 IPC in FIR No.111 dated 20.09.2016 under Sections 406 and 498-A IPC, registered at Police Station Sadar Jalalabad(W) on the basis of compromise dated 12.05.2017 (Annexure P-3) arrived at between the parties. It is submitted that the matter has arisen out of a matrimonial dispute in respect to which FIR No.111 dated 20.09.2016 under Sections 406 and 498-A IPC was registered at Police Station City Jalalabad(W). The said FIR No.111 has been quashed vide order of even date in CRM-M No.18403 of 2017.
Pursuant to order dated 22.05.2017, the parties appeared before the learned Judicial Magistrate Ist Class, Jalalabad(West) and their statements were recorded on 09.06.2017. Respondent No.2 in this case 1 of 3 ::: Downloaded on - 05-02-2018 13:34:49 ::: CRM-M No.18386 of 2017 -2- stated that she has amicably resolved the matter with all the accused petitioners out of her own free will, without any pressure or coercion and she has no objection to the quashing of the aforementioned FIR against all the accused petitioners. Statement of the petitioner in respect of the settlement was recorded as well.
As per report dated 14.07.2017 received from the learned Judicial Magistrate Ist Class, Jalalabad (W), satisfaction is expressed that compromise between the parties is genuine and has been arrived at the free will of the parties. The accused is not reported to be a proclaimed offender.
Learned counsel for respondent No.2 affirms and verifies the factum of settlement between the parties. It is submitted that she has no objection to the quashing of the aforementioned FIR against the petitioners.
Learned counsel for the State, in view of the peculiar circumstances of the case has not raised any serious objections to the quashing of this FIR.
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".
2 of 3 ::: Downloaded on - 05-02-2018 13:34:51 ::: CRM-M No.18386 of 2017 -3- Keeping in view the facts and circumstances of this case, it would be in the interest of justice to quash the abovesaid 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.18 dated 07.02.2017 under Sections 452, 323 and 34 IPC registered at Police Station Sadar Jalalabad(W) on the basis of compromise dated 12.05.2017 (Annexure P-3) arrived at between the parties are, hereby, quashed.
January 17, 2018 (LISA GILL)
rittu JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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