Ramandeep Singh And ORS. v. State Of Punjab And ANR.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DATE OF DECISION :- September 21, 2018 Ramandeep Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. R.S. Khosla, Sr. Advocate with Mr. Sarvesh Malik, Advocate for the petitioners. Mr. Rakeshinder Singh Sidhu, AAG, Punjab.
*** Petitioners - Ramandeep Singh and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 191 dated 28.12.2014 for offences under Sections 306/34 IPC, registered at Police Station Lambi, District Sri Muktsar Sahib against them alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Hardev Singh - arrayed as respondent No.2.
It is stated that cancellation report was filed earlier on 5.10.2016 when it was returned for further investigation vide order dated 26.11.2016. Again such report has been filed on 21.9.2018 and now it is fixed for 15.10.2018 for recording statement of complainant. When the petition came up for hearing on 17.11.2016, notice of
motion was ordered to be issued. The respondent No. 1 - State of Punjab appeared through State counsel. 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 Sub Divisional Judicial Magistrate, Malout, in terms of which complainant Hardev Singh and accused, namely, Ramandeep Singh, Jagmeet Singh, Mandeep Kaur, Husandeep Singh and Daljeet 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 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 copies of statements of the complainant and all the accused have been annexed. I have heard learned counsel for the petitioners and 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.
"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 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 September 21, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No