Allowed

Vishal Singh & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC16 Aug 2017CRM-M/14086/2016

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. for quashing an FIR and ancillary proceedings following a verified, voluntary compromise between the accused and the complainant, noting that dispute resolution enhances social harmony and reduces litigation friction.

What did the court decide?

FIR No. 63 dated 15.10.2014 and all ancillary proceedings were quashed.

Vishal Singh & Ors. Vs State of Punjab… — Criminal Trial and Appeal | Punjab & Haryana HC (2017)

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CRM-M-14086 of 2016 -1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-14086 of 2016 (O&M) Date of decision : 16.8.2017

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... Vishal Singh and others ................Petitioners vs. State of Punjab and another .................Respondents

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Coram: Hon'ble Mr. Justice H. S. Madaan

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Present: Mr. S.K. Chaudhary, Advocate for the petitioners.

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Mr. K.S. Aulakh, Deputy Advocate General, Punjab.

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Mr. Sandeep Singh, Advocate for Mr. Sandeep Katoch, Advocate for the complainant.

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H. S. Madaan, J.

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Vishal Singh and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 63 dated 15.10.2014, for offences under Sections 326, 324, 323, 341, 427, 148, 149 IPC, registered at Police Station Taragarh, District Pathankot, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Ram Tirath- arrayed as respondent No.2.

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When the petition came up for hearing on 27.4.2016, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondent No.2 through Mr. Sandeep Katoch, 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 trial Court to get their statements recorded with regard to compromise and the trial Court

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Banita Chugh 2017.08.18 12:40 I attest to the accuracy and authenticity of this document chandigarh

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CRM-M-14086 of 2016 -2-

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was directed to send a report to this Court.

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Report has been received from Judicial Magistrate Ist Class, Pathankot, in terms of which complainant Ram Tirath and accused, namely, Vishal Singh, Udham Singh, Avtar Singh, Saurav Singh, Rajinder Singh @ Ravinder Singh @ Sanju and Shamsher 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 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 statement of the complainant and all the accused, have been annexed.

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

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Keeping in view the fact that 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 :-

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“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

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Banita Chugh 2017.08.18 12:40 I attest to the accuracy and authenticity of this document chandigarh

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CRM-M-14086 of 2016 -3-

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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.”

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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.

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Accordingly, the petition is allowed and the abovesaid FIR alongwith ancillary proceedings are hereby quashed.

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chugh 16.8.2017 ( H.S. Madaan ) Judge Whether speaking / reasoned - Yes / No Whether reportable - Yes / No

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Banita Chugh 2017.08.18 12:40 I attest to the accuracy and authenticity of this document chandigarh

Vishal Singh & Ors. v. State of Punjab & Anr.

Case brief

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Vishal Singh & Ors. v. State of Punjab & Anr.

Case brief

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