Punjab-Haryana High Court
Lovepreet Singh vs State Of Punjab And Anr on 21 August, 2018
Author: H.S. Madaan
Bench: H.S. Madaan
CRM-M-23661-2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-23661-2017
Decided on: 21.08.2018
Lovepreet Singh .... Petitioner
Versus
State of Punjab and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present: Mr. N.S. Dadwal, Advocate,
for the petitioner.
Mr. Rakeshinder Singh Sidhu, AAG, Punjab.
Mr. Jagjit Singh, Advocate,
for respondent No.2.
****
H.S. MADAAN, J (ORAL)
Petitioner - Lovepreet Singh has brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 131 dated 10.05.2017, for offences under Sections 363 and 366-A of IPC, registered at Police Station Sadar, Jagraon, District Ludhiana, against him, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between him and complainant Satnam Singh - arrayed as respondent No.2.
When the petition came up for hearing on 07.07.2017, notice of motion was ordered to be issued. Mr. Jagjit Singh, Advocate, had put in appearance on behalf of respondent No.2. 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 - 28-08-2018 05:07:03 ::: CRM-M-23661-2017 2 Report has been received from Sub Divisional Judicial Magistrate, Jagraon, through District and Sessions Judge, Ludhiana, in terms of which complainant Satnam Singh and accused, namely, Lovepreet 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 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"."
It has been observed that High Court has power to quash prosecution in order to achieve ends of justice and to prevent abuse of 2 of 3 ::: Downloaded on - 28-08-2018 05:07:04 ::: CRM-M-23661-2017 3 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 the prosecutrix had friendship with the present petitioner-Lovepreet Singh, whereas her friend Sukhpreet Kaur was having friendship with Amandeep Singh. Both the girls alongwith Lovepreet Singh and Amandeep Singh went to Gurudwara Gurusar Sahib in a car to pay their obeisance. Thereafter, Sandeep Kaur went with petitioner to Moga and Sukhpreet Kaur went with Amandeep Singh to Ludhiana and after some hours both the girls had returned to their village. However, the complainant lodged the FIR in a hurried manner and it was not a case of kidnapping. The statement of complainant Satnam Singh has been recorded to the effect that the matter has been compromised between the parties and he has no objection, if the FIR and subsequent proceedings are quashed. Sandeep Kaur had also made statement in that regard.
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
21.08.2018
Dinesh Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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