Sandeep Singh Etc v. State Of Haryana And ANR

CRM-M No.18720 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.18720 of 2018 (O&M) Date of decision : 6.8.2018 ...

Sandeep Singh and others ................Petitioners vs.

The State of Haryana and another .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Ms. Sumati Jund, Advocate for Mr. Tribhawan Singla, Advocate for the petitioners.

Mr. Sulinder Kumar, AAG, Haryana.

Mr. Chirag Wadhwa, Advocate for respondent No.2. ...

H. S. Madaan, J. (Oral) Petitioners - Sandeep Singh and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 38 dated 12.1.2016, for offences under Sections 323, 34, 342, 406, 498A, 506 IPC, registered at Police Station Karnal, Civil Lines, District Karnal, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Usmeet Kaur - arrayed as respondent No.2.

CRM-M No.18720 of 2018 -2When the petition came up for hearing on 4.5.2018, notice of motion was ordered to be issued. The respondent No. 1 - State of Haryana through State counsel, whereas respondent No.2 through Mr. Chirag Wadhwa, 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 regard to compromise and the trial Court was directed to send a report to this Court.

Report has been received from Chief Judicial Magistrate, Karnal, in terms of which complainant Usmeet Kaur and accused, namely, Sandeep Singh, Narinder Pal Singh and Gurdarshan Kaur, 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 she 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 and all the accused, have been annexed.

I have heard learned counsel for the petitioners, learned State counsel, besides going through the record. It is stated that challan has been filed, which is pending trial. It is further stated that the petition under Section 13-B of the Hindu

CRM-M No.18720 of 2018 -3Marriage Act for dissolution of marriage by decree of divorce by mutual consent has been filed, which is fixed for recording of statements of petitioners for second motion.

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 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.

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

CRM-M No.18720 of 2018 -4appears 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 ) 6.8.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No