Amarjit Singh And ANR v. State Of Punjab & ANR

CRM-M No. 44863 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 44863 of 2016 (O&M) Date of decision : 2.2.2018 ...

Amarjit Singh and others ................Petitioners vs.

State of Punjab and others .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Ravi Malhotra, Advocate the petitioners Mr. Rakeshinder Singh Sidhu, Assistant Advocate General, Punjab ...

H. S. Madaan, J. (Oral) Amarjit Singh and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 240 dated 18.9.2009, for offences under Sections 4420/120-B IPC, registered at Police Station Rajpura City, District Patiala, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Kulwant Kaur and others - arrayed as respondents No.2 to 6.

When the petition came up for hearing on 15.12.2016, notice of motion was ordered to be issued. The respondent No. 1 - State of

CRM-M No. 44863 of 2016 -2Punjab through State counsel, whereas respondents No.2 to 6 through Ms. Surinder Kaur, 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 Judicial Magistrate Ist Class, Rajpura, in terms of which complainant Kulwant Kaur, Charanjit Kaur, Palwinder Singh and Vishav Preet Singh & Gursharan Singh (minors through their mother Kulwant Kaur) and accused, namely, Amarjit Singh, Inderjit Singh and Brahm Dutt Gandhi, 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 have stated that they have 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. Alongwith the report copies of statements of the complainant party and the accused party, have been annexed.

I have heard learned counsel for the petitioners, learned State counsel, besides going through the record. Learned State counsel submits that he has got the death of accused - Gurnam Singh verified through the police official.

CRM-M No. 44863 of 2016 -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. 44863 of 2016 -4Accordingly, the petition is allowed and the abovesaid FIR alongwith ancillary proceedings are hereby quashed. ( H.S. Madaan ) Judge 2.2.2018 chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No