Simranjit Singh & ORS v. State Of Punjab And ANR

CRM-M No. 14199 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 14199 of 2017 (O&M) Date of decision : 23.10.2017 ...

Simranjit Singh and others ................Petitioners vs.

State of Punjab and another .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Sharad Mehra, Advocate for the petitioners Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab. Mr. Chetan Bansal, Advocate for respondent No.2. ...

H. S. Madaan, J. (Oral) Petitioners - Simranjit Singh and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 27/2016 dated 1.6.2016, for offences under Sections 323, 324, 325, 326, 34 IPC, registered at Police Station Khalchain, District Amritsar, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Rachpal Singh - arrayed as respondent No.2.

CRM-M No. 14199 of 2017 -2When the petition came up for hearing on 27.4.2017, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondent No.2 through Mr. Chetan Bansal, 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 Area Magistrate/trial Court to get their statements recorded with regard to compromise and the trial Court was directed to send a report to this Court.

Report has been received from Sub Divisional Judicial Magistrate, Baba Bakala Sahib, in terms of which complainant Rachpal Singh and accused, namely, Simranjit Singh, Satnam Singh, Harman Singh and Surjit 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 is further stated that no accused person has been declared as proclaimed offender in this case. Alongwith the report copies of statements of the complainant and all the accused, have been annexed.

I have heard learned counsel for the petitioners, learned State counsel, besides going through the record.

CRM-M No. 14199 of 2017 -3and 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 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.

CRM-M No. 14199 of 2017 -4Accordingly, the petition is allowed and the abovesaid FIR alongwith ancillary proceedings are hereby quashed. ( H.S. Madaan ) Judge 23.10.2017 chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No