This High Court quashed an FIR under Section 482 Cr.P.C. after a Judicial Magistrate reported that a voluntary, free, and uncoerced compromise was arrived at between the accused and the complainant, citing Kulwinder Singh to support enhancing social harmony.
FIR No. 108 dated 9.8.2011 and ancillary proceedings are quashed.
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CRM-M No. 15448 of 2017 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M No. 15448 of 2017 (O&M) Date of decision : 23.8.2017
Charanjeet Kumar and others
................Petitioners vs.
State of Punjab and another
.................Respondents
Coram: Hon'ble Mr. Justice H. S. Madaan
Present: Mr. Aditya Kochar, Advocate for the petitioners
Ms. Jaspreet Kaur, Assistant Advocate General, Punjab.
Mr. Shantanu Singh, Advocate for the complainant.
H. S. Madaan, J. (Oral)
Petitioners – Charanjeet Kumar and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 108 dated 9.8.2011, for offences under Sections 323, 325, 148, 149 IPC, registered at Police Station Kharar, District SAS Nagar, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainant Surinder Kumar - arrayed as respondent No.2.
Banita Chugh 2017.08.23 17:23 I attest to the accuracy and authenticity of this document chandigarh
CRM-M No. 15448 of 2017 -2-
When the petition came up for hearing on 4.5.2017, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel, whereas respondent No.2 through Mr. Shantanu 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 trial Court to get their statements recorded with regard to compromise and the trial Court was directed to send a report to this Court.
Report has been received from Judicial Magistrate Ist Class, Kharar, in terms of which complainant Surinder Kumar and accused, namely, Charanjeet Kumar, Ashok Kumar, Harpreet Kumar @ Vicky, Balwainder Kumar @ Bunti, Sukhwinder Singh and Devinder Kumar, 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 earlier accused Devinder Kumar was declared proclaimed offender vide order dated 26.9.2014 but later on he was arrested by the police and thereafter he was released on bail and at present no one is proclaimed offender in the FIR in question. Alongwith the report statement of the complainant and all the accused, in original, have been annexed.
I have heard learned counsel for the petitioners, learned State counsel, besides going through the record.
Banita Chugh 2017.08.23 17:23 I attest to the accuracy and authenticity of this document chandigarh
CRM-M No. 15448 of 2017 -3-
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 :-
“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 ”. 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.”
The compromise is in interest of peace and tranquility in the society
Banita Chugh 2017.08.23 17:23 I attest to the accuracy and authenticity of this document chandigarh
CRM-M No. 15448 of 2017 -4-
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 ) Judge 23.8.2017 chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No
Banita Chugh 2017.08.23 17:23 I attest to the accuracy and authenticity of this document chandigarh
1 issue framed by the court
Whether FIR No. 108 and ancillary proceedings can be quashed under Section 482 Cr.P.C. in view of a voluntary compromise between parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052Explained¶21
1 provisions across 1 enactments
Charanjeet Kumar and others
State of Punjab
Surinder Kumar
H. S. Madaan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
