Allowed

Rajwinder Singh v. State of Punjab and Anr.

Punjab & Haryana HC11 Aug 2017CRM-M/14174/2016

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash an FIR and ancillary proceedings. The court relied on a voluntary compromise recorded by a Judicial Magistrate between the petitioner and the complainant, finding no coercion and citing Kulwinder Singh to uphold the quashing in the interest of social peace.

What did the court decide?

The FIR No. 33 dated 31.1.2013 and all ancillary proceedings are quashed.

Rajwinder Singh Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2017)

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CRM-M No. 14174 of 2016 -1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M No. 14174 of 2016 (O&M) Date of decision : 11.8.2017

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... Rajwinder Singh ................Petitioner vs.

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State of Punjab and another .................Respondents

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

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Present: Mr. Jaswinder Singh Arshi, Advocate for the petitioner

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

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H. S. Madaan, J. (Oral)

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Petitioner - Rajwinder Singh has brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 33 dated 31.1.2013, for offences under Section 420 IPC, registered at Police Station A division, District Amritsar City, against him, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between him and complainant Gurmeet Singh - arrayed as respondent No.2.

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When the petition came up for hearing on 1.8.2016, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondent No.2 through Mr. Jaswinder Singh, 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.

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Banita Chugh 2017.08.16 10:43 I attest to the accuracy and authenticity of this document chandigarh

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CRM-M No. 14174 of 2016 -2-

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Report has been received from Judicial Magistrate Ist Class, Amritsar, in terms of which complainant Gurmeet Singh and accused, namely, Rajwinder 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 copy of statements of the complainant and the accused, have been annexed.

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I have heard learned counsel for the petitioner, 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 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social

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Banita Chugh 2017.08.16 10:43 I attest to the accuracy and authenticity of this document chandigarh

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CRM-M No. 14174 of 2016 -3-

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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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11.8.2017

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chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No

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Banita Chugh 2017.08.16 10:43 I attest to the accuracy and authenticity of this document chandigarh

Rajwinder Singh v. State of Punjab and Anr.

Case brief

What is this about?

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Rajwinder Singh v. State of Punjab and Anr.

Case brief

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What did the court decide?

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