Darshan Singh And ANR v. State Of Punjab & ANR
CRM-M No. 717 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 717 of 2018 (O&M) Date of decision : 7.3.2018 ...
Darshan Singh and another ................Petitioners vs.
State of Punjab and another .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Harshit Jain, Advocate for the petitioners.
Mr. Rakeshinder Singh Sidhu, Assistant Advocate General, Punjab.
Mr. Madhur Goyal, Advocate for respondent No.2. ...
H. S. Madaan, J. (Oral) Petitioners - Darshan Singh and Harjinder Singh @ Ricky have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 205 dated 20.10.2017, for offences under Sections 452, 323, 506, 147, 149 IPC, registered at Police Station City Sunam, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Ashok Kansal - arrayed as respondent No.2.
When the petition came up for hearing on 11.1.2018, notice
CRM-M No. 717 of 2018 -2of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondent No.2 through Mr. Madhur Goyal, 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, Sunam, in terms of which complainant Ashok Kansal and accused, namely, Darshan Singh and Harjinder Singh @ Ricky 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. Alongwith the report statement of the complainant and both the accused, in original, have been annexed. I have heard learned counsel for the petitioners, 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.
CRM-M No. 717 of 2018 -3held 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 alongwith ancillary proceedings are hereby quashed. ( H.S. Madaan ) 7.3.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No