Allowed

Lakhmir Singh & Ors. v. State of Punjab and Ors.

Punjab & Haryana HC4 Jul 2018CRM-M/25702/2017

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. to quash an FIR based on a voluntary compromise between the parties, holding it a fit case to exercise inherent powers to restore peace and avoid abuse of process.

What did the court decide?

The impugned FIR No. 0114 dated 30.07.2016 and all consequential ancillary proceedings are quashed.

Lakhmir Singh & Ors. Vs State of… — Civil Procedure and Limitation | Punjab & Haryana HC (2018)

¶1

¶2

CRM-M No. 25702 of 2017

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CRM-M No. 25702 of 2017 DATE OF DECISION :- July 04, 2018

¶5

Lakhmir Singh and others

¶6

...Petitioners

¶7

Versus

¶8

State of Punjab and others ...Respondents

¶9

CORAM: HON'BLE MR. JUSTICE H.S. MADAAN

¶10

Present :- Mr. Rajbir Singh, Advocate for the petitioners.

¶11

Mr. Dhruv Dayal Sr. DAG, Punjab.

¶12

¶13

Petitioners – Lakhmir Singh and others have brought the instant petition under Section 482 Cr.P.C. for quashing of FIR No. 0114 dated 30.07.2016, for offences under Sections 323/341/452/506,148,149 IPC, registered at Police Station Sadar, Sangrur, against them, alongwith consequential proceedings arising therefrom, on the basis of compromise, stated to have been effected between them and complainants Malkeet Ram, Jasvir Kaur and Suman Rani arrayed as respondents No.2 to 4.

¶14

When the petition came up for hearing on 20.07.2017, notice of motion was ordered to be issued. The respondent No. 1 - State of Punjab through State counsel 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

¶15

Parvinder Singh 2018.07.06 10:13 I attest to the accuracy and integrity of this document Chandigarh

¶16

CRM-M No. 25702 of 2017 2

¶17

regard to compromise and the trial Court was directed to send a report to this Court.

¶18

Report has been received from Additional Chief Judicial Magistrate, Sangrur, in terms of which complainants Malkeet Ram, Jasvir Kaur and Suman Rani and accused, namely, Lakhmir Singh, Gurinder Singh and Harinder 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 complainants 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. It has been reported that no accused has been declared proclaimed offender in the FIR in question. Alongwith the report statements of the complainants and all the accused have been annexed.

¶19

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

¶20

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 :-

¶21

“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

¶22

Parvinder Singh 2018.07.06 10:13 I attest to the accuracy and integrity of this document Chandigarh

¶23

CRM-M No. 25702 of 2017 3

¶24

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 ”.”

¶25

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.

¶26

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.

¶27

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

¶28

(H.S. MADAAN) JUDGE July 04, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No

¶29

Parvinder Singh 2018.07.06 10:13 I attest to the accuracy and integrity of this document Chandigarh

Lakhmir Singh & Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Lakhmir Singh & Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asarfi and Ors. Vs Aabid and Ors.

Gurwinder Singh @ Billa and Ors. Vs Kirpal Singh

Jasmail Kaurand Ors. Vs Gurjant Singh and Ors.

Nirmal Singh Vs Gurnam Kaur & Ors.

Suraj Parkash and Anr. Vs Richa Sharma

Amarjit Kaur etc. Vs Mithu Singh and Others