Harcharanpreet Singh Alias Gagga And Others v. State Of Punjab And Others

CRM-M No. 5490 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 5490 of 2018 (O&M) Date of decision : 17.4.2018 ...

Harcharanpreet Singh @ Gagga and others ................Petitioners vs.

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

Mr. Khushdeep S. Mann, Advocate for Mr. H.S. Bains, Advocate for respondent No.2. ...

H. S. Madaan, J. (Oral) Petitioners - Harcharanpreet Singh @ Gagga and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 105 dated 2.8.2017, for offences under Sections 324, 341, 34 IPC, registered at Police Station Kot Isah Khan, District Moga and a counter version Rapat No. 26 dated 6.8.2017 under Sections 295/34 IPC at Police Statin Kot Isah Khan, District Moga, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and

CRM-M No. 5490 of 2018 -2complainant Daljit Singh @ Jeeta and others - arrayed as respondents No.2 to 4 When the petition came up for hearing on 8.2.2018, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondents No.2 to 4 through Mr. H.S. Bains, 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, Moga, in terms of which complainant Daljit Singh @ Jeeta, Jagjit Singh and Jagtar Singh and accused, namely, Harcharanpreet Singh @ Gagga, Sewak Singh @ Sukhdev Singh and Gursewak Singh @ Sukhdev Singh, 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 statements of the complainant party and the accused party, in original have been annexed.

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

CRM-M No. 5490 of 2018 -3It is stated that challan has not been filed so far. 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. 5490 of 2018 -4and its counter version alongwith ancillary proceedings are hereby quashed.

( H.S. Madaan ) 17.4.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No