Vijay Kumar & ORS v. State Of Punjab And ANR

CRM-M No. 24843 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 24843 of 2017 (O&M) Date of decision : 11.1.2018 ...

Vijay Kumar and others ................Petitioners vs.

State of Punjab and another .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. K.S. Dhanora, Advocate for the petitioners Mr. Rakeshinder Singh Sidhu, Deputy Advocate General, Punjab.

Mr. Darshan Gulati, Advocate for Mr. Naresh Kaushik, Advocate for respondent No.2. ...

H. S. Madaan, J. (Oral) Petitioners - Vijay Kumar and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 26 dated 18.2.2017, for offences under Sections 323, 341, 379, 365, 148, 149 IPC, registered at Police Station Phillaur, District Jalandhar, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between

CRM-M No. 24843 of 2017 -2them and complainant Amitpal Singh - arrayed as respondent No.2. When the petition came up for hearing on 14.7.2017, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondent No.2 through Mr. Naresh Kaushik, 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, Phillaur, in terms of which complainant Amitpal Singh and accused, namely, Vijay Kumar, Lovepreet, Kuldeep Kumar @ Deepa and Rakesh Kumar @ Rinku 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 all the accused, in original, have been annexed.

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

CRM-M No. 24843 of 2017 -3been compromised between the parties vide compromise dated 24.4.2017.

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.

CRM-M No. 24843 of 2017 -4course 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 11.1.2018 chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No