Punjab-Haryana High Court
Gursahib Singh @ Saba And Others vs State Of Punjab And Anr on 4 September, 2018
Author: H.S. Madaan
Bench: H.S. Madaan
CRM-M-1020-2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-1020-2017
Decided on: 04.09.2018
Gursahib Singh @ Saba and others .... Petitioners
Versus
State of Punjab and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present: Ms. Prabha Sharma, Advocate, for
Mr. Simranjit Singh, Advocate,
for the petitioners.
Mr. Dhruv Dayal, Sr. DAG, Punjab.
Mr. Sukhbir Maandi, Advocate,
for respondent No.2.
****
H.S. MADAAN, J (ORAL)
Petitioners - Gursahib Singh @ Saba and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 132 dated 29.08.2014, for offences under Sections 354, 324 and 323 of IPC, registered at Police Station Harike, District Tarn Taran, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Daljit Kaur - arrayed as respondent No.2.
When the petition came up for hearing on 06.02.2017, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondent No.2 through Mr. Sukhbir Maandi, Advocate, 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 to get their statements recorded with 1 of 3 ::: Downloaded on - 02-10-2018 10:07:24 ::: CRM-M-1020-2017 2 regard to compromise and the trial Court was directed to send a report to this Court.
Report has been received from Judicial Magistrate 1st Class, Patii, through District and Sessions Judge, Tarn Taran, in terms of which Bakshish Singh (father of complainant Daljit Kaur-minor) and accused, namely, Gursahib Singh @ Saba, Jagtar Singh and Sona @ Sandeep Singh 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 father of the complainant has stated that he 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 :-
"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
2 of 3 ::: Downloaded on - 02-10-2018 10:07:24 ::: CRM-M-1020-2017 3 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.
It is stated that challan has not been filed in the Court so far and cross-case has also been compromised.
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
04.09.2018
Dinesh
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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