Punjab-Haryana High Court
Jasveer Singh @ Happy And Ors vs State Of Punjab & Ors on 3 August, 2017
Author: H. S. Madaan
Bench: H. S. Madaan
CRM-M No. 13453 of 2017 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M No. 13453 of 2017 (O&M)
Date of decision : 3.8.2017
...
Jasveer Singh @ Happy and others
................Petitioners
vs.
State of Punjab and others
.................Respondents
Coram: Hon'ble Mr. Justice H. S. Madaan
Present: Mr. G.S. Nahel, Advocate for the petitioners
Ms. Jaspreet Kaur, Assistant Advocate General, Punjab.
Mr. Ranjit Singh Sidhu, Advocate for respondents No.2 to 5.
...
H. S. Madaan, J. (Oral)
Petitioners - Jasveer Singh @ Happy and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 5 dated 14.1.2017, for offences under Sections 458, 323, 506, 148, 149 IPC (459 IPC added later on), registered at Police Station Cheema, District Sangrur, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Satpal Singh - arrayed as respondent No.2 and others.
1 of 4 ::: Downloaded on - 07-08-2017 07:22:13 ::: CRM-M No. 13453 of 2017 -2- When the petition came up for hearing on 21.4.2017, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondents No.2 to 5 through Mr. Ranjit Singh Sidhu, 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 Illaqa Magistrate to get their statements recorded with regard to compromise and the Illaqa Magistrate was directed to send a report to this Court.
Report has been received from Sub-Divisional Judicial Magistrate, Sunam, in terms of which complainant -Satpal Singh, injured - Karanvir Singh, Sarabjeet Kaur and Kala Singh and accused, namely, Jasveer Singh @ Happy, Hardeep Singh @ Laddu Singh, Rafi Khan @ Ravi Khan @ Ravi Singh, Amandeep Singh @ Mani and Nijam 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 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, copy of statements of the complainant party and all the accused, have been annexed.
I have heard learned counsel for the petitioners, learned State counsel, learned counsel for respondents No.2 to 5, besides going through the record.
2 of 4 ::: Downloaded on - 07-08-2017 07:22:14 ::: CRM-M No. 13453 of 2017 -3- Both the parties belong to the same village and they want to lead peaceful life.
Keeping in view the fact that 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". Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Cr.P.C. in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the
3 of 4 ::: Downloaded on - 07-08-2017 07:22:14 ::: CRM-M No. 13453 of 2017 -4- course of a litigation."
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
3.8.2017
chugh Whether speaking / reasoned Yes / No
Whether reportable Yes / No
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