Maiya And ORS v. State Of Punjab And ANR
CRM-M No.603 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.603 of 2017 (O&M) Date of decision : 6.8.2018 ...
Maiya and others ................Petitioners vs.
The State of Punjab and another .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Rajesh Kumar Dadwal, Advocate for the petitioners. Mr. Rakeshinder Singh Sidhu, AAG, Punjab.
Mr.Harsh Marwaha, Advocate for respondent No.2. ...
H. S. Madaan, J. (Oral) Petitioner Maiya and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 001 dated 3.1.2017, for offences under Sections 363, 366 (A), 120-B IPC, registered at Police Station Kanwan, District Pathankot,, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Fellow- arrayed as respondent No.2.
CRM-M No.603 of 2017 -2When the petition came up for hearing on 12.1.2017, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondent No.2 through Mr. Harsh Marwaha, 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 Chief Judicial Magistrate Pathankot, in terms of which complainant Fellow and accused, namely, Maiya, Ali Hussain, Bagu, Rehma, Sharif and Sipahia 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. Alongwith the report statements of the complainant and all the accused, in original, have been annexed. I have heard learned counsel for the petitioner, learned State counsel, besides going through the record.
It is stated that Reshma and Bhagu have got married and are residing together happily. Complainant Fellow mother of Reshma has also given consent to said marriage to enable the couple to reside together and lead a happy married life and to end the unnecessary
CRM-M No.603 of 2017 -3litigation. The petition is accepted. Allowed. 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 appears to be a fit case to exercise such powers. Accordingly, the petition is allowed and the abovesaid FIR
CRM-M No.603 of 2017 -4alongwith ancillary proceedings are hereby quashed. ( H.S. Madaan ) 6.8.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No